Research On Punitive Damages Liability In Food Safety Law

The food safety problem in our country is becoming severe, it has been crunch time to strengthen food security from the aspect of law. The compensation ways of civil liability has compensatory compensation and punitive damages, compensatory compensation due to its homogeneous compensation limitation has been unable to meet the complex social environment and food safety, the punitive damages based on punitive containment and encourage sexual function is suitable for the development needs of China’s current social.The punitive compensation system set in the food safety law is helpful for arousing public awareness of rights, increasing the illegal cost of the violator. The fraud get justice, the value of the legal order will be better realized. The punitive compensation system will made the illegal behavior pay a heavy price for their bad behavior, and it can play a specific deterrence effect. And also the victim’s right will be full relief. Food as a special product, the punitive damages responsibility should be distinguished. In the system of punitive damages, we should considered subjective psychological state as the most important consideration standard; it will force producers and sellers abandonment of illegal act from subjective.The money of punitive damages in the food safety law of our country is" ten times of food s cost", which still exist deficiencies. Because of its low toxicity to certain value of major food safety problems can not play a fundamental role in the punishment. Therefore the punitive damage money is the decisive factor; I think set the minimum and maximum limits in punitive damages, at the same time make the reasonable use and distribution of compensation money.