The Beijing News: The compensation of the food incident can't depend on trouble-making enterprises

The Beijing News: The compensation of the food incident can't depend on trouble-making enterprises
Tackle the food security incident, need to accelerate the aspect in the country and setting up special compensation fund, can also set up food and the intersection of medicines and quality safety, force dangerous, food and the intersection of medicines and manufacturing enterprise must set up, force responsibility to be dangerous, thus form the system of completion that a food quality incident compensates.
November 24, the intermediate court of Shijiazhuang, to " three deer " Two case criminals of death penalty a jade soldier, Geng JinPing has carried out death penalty, and November 28, the calculus infant arises for the first time to indict three deer and put down the case to be compensated for and also hold a hearing in the court formally. Open a court session at the beginning of, provide one the intersection of end and three the intersection of deer and ordinary the intersection of bankruptcy proceeding and rulings of acquittal that make as main the intersection of compensation and the intersection of responsibility and square three the intersection of deer and agent to court by the intersection of Shijiazhuang and intermediate court, the rulings of acquittal assert three deer have not had bankrupt property that can be assigned yet. This namely mean even if calculus infant win lawsuit, either will get, compensate from three deer for by first. (" Guangzhou Daily " November 29)
Because of the reason well known, it is early when three deer incidents happened, a lot of victims' compensation question can not enter the civil judicial process smoothly, this legally means most victims are unable to be entered the bankruptcy proceeding to compensate at all; And later on though a few victims litigate, declared and entered the bankruptcy proceeding through creditor's rights, but according to the regulation of " bankruptcy law ", it can only repay the procedure after one is shown to creditor, bankrupt expenses, staff's salary, national tax that assure, in other words, no matter enter the judicial process, it is very few to win possibility of enough compensation through the bankruptcy proceeding that the property states of three deer have determined victims.
And the court decides the result of the bankruptcy proceeding of ending has just confirmed the originally public worry again. And for three deer incident, the only standard good at ending that could judge this incident, whether could guarantee the victim gets full-amount compensation, resumes their psychological order from system, pacify public anxiety.
Can't guarantee the situation of victim's basic compensation right in view of the assets states and bankruptcy proceedings of three deer, I call upon, smoke as far back as last year the intersection of compensation and issue of victim from in bankruptcy proceeding, can't to compensate for, place on, have to liquidate at the procedure actual meaning victim.
According to route where the relevant example of foreign countries solves, to such great food incident, in order that the victim is unable to win compensation after preventing trouble-making enterprises from being bankrupt, in a situation that trouble-making enterprises lose to compensate ability, compensate first through the country, and then chase the responsibility through routes such as the administration of justice,etc.; And compensate sound system design such as funds through liability insurance of quality and relevant public service, guarantee the victim's compensation right. In a situation that the relevant system lacks, to the food security regarded as the public products, the government ought to promise; In terms of this incident, should will to to compensate for, smoke by three the intersection of deer and bankruptcy proceeding from victim, and the one that guaranteed to the victim with government's credit was compensated.
In fact, after three deer incidents happen, as to what a compensation question of dealing with problems arising from an accident, the government has put forward a preliminary compensation scheme, according to government's compensation standard, " calculus baby " The death case can compensate 200,000 yuan, serious disease case can compensate 30,000 yuan, ordinary symptom can compensate 2000 yuan. Meanwhile, 22 the intersection of responsibility and enterprise establish medical compensation fund together also, make a definite diagnosis of the infant, pay the lump-sum cash compensate to nearly 300,000 for, and pay relevant medical treatment or operation expenses, until the infant reach the age of 18. We can say, succour the system to lack in the society, the blockage of getting involved of administration of justice of civil compensation, compensated for the situation that may be very few again through the bankruptcy proceeding, government and though the intersection of enterprise and this measure have place where we can discuss, deserve definite basically. In today's view, if did not set up compensation fund originally, once totally depended on judicial settlement, the victim will suffer " Injure twice " ,The administration of justice leaves obstructedly now, they have one at least can take to compensate for, this is undoubtedly worth happying.
But consider food quality safety, in the intersection of transition and person who take place often of China, we should consult other country, form relatively riper compensation credit side case in the system is supplied. For example, should accelerate the aspect in the country and set up special compensation fund, can also set up food and medicines quality safety to force dangerously, food and the intersection of medicines and manufacturing enterprise must set up, force responsibility to be dangerous, thus form one the intersection of food and the intersection of quality and system of completion that incident compensate.
Only set up complete system and compensate the safe valve, even on condition that can not compensate at all in the bankrupt enterprise, do not cause the victim to have no way.
Ma GuangYuan (scholar)
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