Rearch On Punitive Compensating System In Chinese Food Safety

As the old saying goes:National Serving the Community, Hunger breeds discontent, food security as the first. In recent years, China’s food safety issues happened frequently, Food safety has become a focus of the society. By the numerious calls from the society,"Food Safety" law has been enacted. This is an important law which has an important legal impact on the people’s livelihoods. The no.96provision of the law, which is known as "Ten Times Compensation", is about China’s food safety punitive compensation. This system carries the earnest expectation of the people to improve the food security situation. The law has been implemented more than three years. The results are not as originally expected, the reason is worth further research. This article is based on China’s food safety reality, analyzes the theory, structure, overseas practice. This paper shows that the food safety punitive compensation system is not reasonable, and trying to find the feasible solutions.In addition to the introduction, this paper is divided into four parts:The first part is the summary of China’s food safety punitive compensation system. The Punitive Compensation System is a term from aboard. So it is necessary to introduce the basic theory of punitive damages compensation. This paper first introduces the concept, the characteristics, functions, and the value of the punitive damages system. Then it analyzes the present situations of punitive damages related to the country’s food safety.The second part introduces the punitive damages system from the overseas countries and regions. This will help us further understand the punitive system, and provide useful experience and insights. This part provides in-depth analysis of the punitive system in the United Kingdom, the United States, and Taiwan. China. The third part introduces China food safety punitive damages system. The Consumer Protection Law introduced it, and it is established in the Food Safety Law. Such system problems still exist in China at present. The following several problems are more prominent. The standard of punitive damages is not reasonable. The calculation formula of Ten Times the Price" cannot achieve the fundamental punishment function.There are many problems in the system of food safety standards.The Safety standards lagged behind in the development of the society. Lack of enough judicial intervention. Under the special circumstances of our country, compensation is leaded by administrative power in the large-scale food safety accidents, so the apply of the punitive damages is blocked.The fourth part is the most important part. Based on the alanysis of the three parts before,it gives some reasonable suggestions for improving China food safety punitive damages system. Include these four parts, constitutive requirements, measure of indemnity, Food safety system and Litigation mechanism. We should expand the scope of application of punitive damages in food safety.To establish the actual damage as the basis, and the flexibility of the compensation standard.Perfect the food safety standards, reduce the punitive compensation rights resistance. Reduce administrative intervention, perfect group litigation mechanism, improving the degree of participation for judicial organs in the punitive compensation system.