"food Safety" Of The Punitive Damages System Research

Food safety influences not only the stability and development of the nation and society but also citizens’ right of life and health----one of the citizens’ basic human rights. Therefore, Food Safety Law carries the important task of ensuring the public interests. By now, Food Safety Law in China has been in force for almost two years. The rule of tenfold compensation, as the focused and controversial rule since the legislation of Food Safety Law, has encountered all kinds of problems and undergone much questioning. There is no agreement about the punitive damages system in the academic circle.Punitive damages, also known as exemplary damages or vindictive damages, refer to compensation awarded by a court in excess of actual damages. The Act of Punitive Damages in the United States defines it as "money only for punishment and deterrence granted to a suitor. Punitive damages system is a civil compensation system for damages in Anglo-American Law. It is a compensation system parallel to the compensatory compensation system. It has multiple functions such as compensating victims for their loss, punishing and deterring illegal acts etc. Punitive damages system is also a controversial legal system in Anglo-American Law.The establishment of the rule of "tenfold compensation" in Food Safety Law is another bold attempt in legislation practice of the punitive damages system in China. The reason why the punitive damages system is established in Food Safety Law is that it is closely related to the goal, the background and tasks of this Law. It is the application of this rule in law practice that helps realize its value and benefit. There is no agreement about the punitive damages system among lawyers in China though. The difference in the understanding of this rule leads to doubts and problems in its application. The benefit of this system should be achieved by the means of enlargement of law implementation, diversification of ways to realize law and combination of Consumer Rights Protection Law and Food Safety Law. An accurate understanding of the purpose and tasks of this rule can help avoid its losing force as a result of technical deviation in its implementation.