Study On The Application Of Punitive Damages Regime In The Field Of Food Safety

The punitive damages regime originated in the common law system, are involved in many sectors ofthe law among common law countries. With the development of economic globalization, the Two Legalcontinuous blending and mutual influence, the system is also gradually learn by civil law countries. Among,China’s Taiwan Economic Law department law has established punitive damages regime.The provisions of the Consumer Protection Law promulgated in1994, at that time, punitive damagessystem did not cause widespread concern established by the jurisprudence of the System,however, Sincethe "Food Safety Law" came into effect in2009,Tenfold punitive damages provisions makes the finalestablishment of the system has the significance of the milestone.However,based legislation technicalreasons, The system in the specific process of application encountered many difficulties, a lot of problemsare fully exposed,needed in the future reform of the gradual to improvement.This study use LegalAnalysis, Empirical Analysis, comparative analysis, comprehensive analysis and other researchmethods,through the concept of punitive damages regime and functions,Analyzed its existence and value ofthe applicable target, combined with the legislative background of the "Food Safety Law", Explored the ofpunitive damages regime the problems encountered in the application of its own institutional design defects,Combined with the actual situation,put forward suggestions for improvement.Specifically, The study isdivided into the following four parts:The first part,this section is mainly taken to the interpretation of the legal analysis and specificationmethod,The analysis of the concept of punitive damages regime,cited different interpretations ofwell-known scholar of some countries and regions of the system defined,Strive to do a good job for thenext theory bedding.Analysis from both positive and negative aspects of the functionality of thesystem,highlighted the independence of its punitive function,value goal of the system from the point ofview of jurisprudence and its significance in the field of food safety, I believe this is also introduced in thecontext of the special legislative "Food Safety Law" the values and goals of the legislation sought.The second part,this section taken comparative studies and case studies,country United StatesDepartment on behalf of the common law, civil law on behalf of the historical development of the countries, Germany and China’s Taiwan region punitive damages regime, the scope, form elements and calculate thestandard is reviewed,Summed up the various countries and regions, according to the actual situation todetermine the characteristics of the field of application of the system and for wrongful acts, to determinepunitive damages in the amount of consideration,in order to give full play to the function of the system andperfecting China’s punitive damages system providing results of draw.The third part,this section uses the empirical analysis,combined with China’s Food Safety Law"legislative background and punitive damages regime applicable to the status quo,analysis the problemsamong there.The systematic study of these problems,summed up four points mainly reasons.Firstly,profound theoretical basis of the lack of traditional civil law and punitive damages regime,theseunreasonable regulations and legislative omissions of its roots.Secondly,the system applicable in otherareas of our immaturity and consumers have weak legal consciousness is the auxiliary factors cause theseproblems.All these need to be established through legislation.The last part,this part use the comparative study,Combination of punitive damages regime applicablein the field of food safety problems,Suggestions put forward.Applicable conditions to improve the systemin the field of food safety,to expand the legal regulation subjective considerations,competing legal issues tosort out which.Improve the allocation of the burden of proof in litigation and punitive damagescalculation.Finally,compatible with the system applies the relevant systems and laws applicable proceduresperfection,such as food safety standards system,the lawsuit representative system and start of the system’smain,punitive damages and payment procedures.