Decuple Compensation System:the Analysis Of Food Safety Law Clause96Item2

Food Safety Law promulgated two years ago, and has been implemented nearly two years, the special law designs a special clause that aimed at the special problem at the special period, it is Clause96Item2. No doubt, the designation of the clause is a progress, it accords with the path of Chinese development of modernization, meantime, it melts the character of folk transactions, and accords with the legal culture of the developed countries. About the nature of the clause, there are no consistent conclusions.Hence it is necessary to analyze the attribute of the clause. Because of the frequent use in practice, it is necessary to analyze the content and how to operate, so as to promote the efficiency of the clause. The clause has some resemblances comparing with the punitive damages institution in Anglo-American law system, but the differences are obvious. The production of the clause was the result of drawing lessons from the traditional punitive damages and then modified it. So use and perfecting the clause has to acquaint the application of punitive damages clause in some related having punitive damages institution regions. By comparison and analysis with Clause96Item2, to find the common place and difference between them, to conclude the character sharking point and problem of China Food Safety Law. To some extent, Clause96Item2of Food Safety Law is scientific、operable and progressive, but it also has some unreasonable places. Therefore, it is necessary to analyze the problems it has, and give some reasonable suggestions to develop its exiting function and make the legislator’s aim come true.