The Research On The Application Of Punitive Damages In The Field Of China’s Food Safety

The first part of this paper puts forward the problems of the punitive damages system which exists in the application of the provisions in the field of food safety in China:First, ten time’s compensation is not strong enough to the consumer, and with complicated claim procedure, the enthusiasm of the consumer is not high. Second, there is no organization of detection and identification of the problem foods, resulting in the difficulty on rights protection of food safety. In the second part, the author analyses the above-mentioned problems from two aspects. Compared with many countries in Europe and the United States, the punitive damages system of our country set up relatively late. That will be helpful to learn from theirs legislative experience of punitive damages. Therefore, in the third part of this article, the author describes the relevant provisions of foreign countries punitive damages system, including the provisions of the constituent elements of the punitive damages system and the relevant provisions of the compensation of punitive damages. The two provisions are the fundamental problem and must be addressed in punitive damages system when applying the system. In the last part of the paper, the author gives advice on resolving the problems and improving the punitive damages system, including paying more attentions on compensation for consumers and strengthening the compensation in a greater degree, and improving the constituent elements of the system of punitive damages and establishing a unified food accreditation organization and introducing the principle of reversing the burden of proof in food lawsuit.