Research On The System Of Punitive Damages In The Food Safety Law In China

This paper focuses on punitive compensation system in the field of food safetyproblems. Combination of punitive damage system in China’s food safety situation andcase, raised the issue of system, trying to put forward some solutions. The paper isdivided into two parts:Part I overview the punitive damages in the food safety law system in China,briefly explain the concept of punitive damages system characteristics, the origin anddevelopment of Chinese and foreign history，and the moral foundations of the system ofpunitive damages. The moral foundations of the system of punitive damages by toolrationality of the system of punitive damages, punitive damages of intrinsic moral valuebasis as well as composed of legitimacy of the victims obtain punitive damages.Discusses the implementation of food safety in China theory basis for punitive damages.Analyze the value pursuit of punitive compensation system, the food security ofpunitive damages in the law of incentives and the Food Security Law of punitivedamages in the nature of the responsibilities. Discuss punitive liability in the food safetyact from the public and private law nature of the main property, and tort liability forbreach of any applicable.Part II pointed out that China’s food safety problems of punitive compensationsystem, comprehensive domestic and international scholars views on punitivecompensation subjective fault，compensation standard and allocating the burden ofproof. Finally addressed specifically to the practice of punitive damages in the field offood safety about know buying a fake and installment payment problems.