Punitive Damages In China Food Safety Law

The punitive damages system originated in Anglo-American law system,it is a punitive features of the civil liability,it has been controversial from establised.The traditional civil law countries’civil liability theory holds that the principal of equality in civil activities, civil liability shall be the responsibility of the compensatory nature,so the civil law countries have negative attitude against the punitive damages.But this dispute did not generate too much negative impact on the development of the system.With the development of economic globalization,countries of Anglo-American law system continuously improve the system in the judicial practice,the civil law countries have gradually realized the special value of the system and be reflected in legislation.Germany,Japan,Taiwan, China has the relevant provisions of the system.In1993,China promulgated the "Consumer Protection Law",there is a" double indemnity ","Food Safety Law" promulgated in2009provides for special conditions of this system applicabled in the field of food safety,and established the principle often times compensation".Punitive damages established in the" Food Safety Law" is another major step forward in our country,breakthrough in the tradition of civil liability,it provides for strict liability to food business operators, expect to change our disturbing the status of food safety.In this paper, based on the context of "the food safety" analysis the meaning of the punitive damages system, applicable, the problems and the aspect need to improve, the text is divided into three parts.The first part,introduce the basic connotation of the punitive damages system, function, and necessity and special value established in the field of food safety.The food is not used for general merchandise, it is to meet the daily needs of subsistence,so other than "Consumer Protection Act" to adjust the behavior of the operators,it needs to establish a special responsibility unlike most businesser, to intensify compensation,incentive rights protection behavior,thereby curbing the occurrence of similar behavior, promote the benign development of the food industry.The second part,combined with some specific cases,introduce the applicable status of punitive damages in the food safety law.The application of punitive damages requires the specific constituent elements,the main,subjective fault,the particularity unlawful act and causality.Although the legal provisions of the punitive damages system,but the system did not play its due role in the judicial practice,the main reason is related to the law is not perfect, causing obstacles when applicable.The third part,for the problem of punitive damages in judicial practice,put forward corresponding improvement proposals.Gross negligence of the seller’s included in the adjustment range of this system;change the existing standard of calculating compensation, established a calculating compensation standard combining with the actual loss;establish public interest litigation system on major food safety incidents.