The Analysis Of Infringement Dispute Between Zhao And A Supermarket Chain

At present, our country is in rapid economic development, people’s living standards continue to improve, but there are also many inharmonious factors in the society. For example, the spread of fake and shoddy products, public crisis of food safety, etc. In the period of social transition of China will encounter all sorts of problems. These problems needs the law to regulate. Especially in recent years, the increasingly serious product quality issues directly threatens the life and health rights and interests of the masses of the people. Especially large outbreaks of food crisis of confidence has threaten the development of economic environment. In order to solve these problems, the author put forward by analyzing the cases some of the actual thinking.This article is divided into three parts. The first part mainly introduces case, also introduces the case, through the analysis of the case to find one of the controversial issues. The second part analyzes the cases of punitive damages involved. Combining with the related issues in this case, determine the nature of the "ten times compensation", and its applicable condition. On how to choose the applicable food infringement "food safety law" article96and article47of the tort liability act to do the analysis of the system. The third part of this how to define the nature of the "ten times compensation" and applicable elements. And in the food when the concurrence of tort law how to choose suitable puts forward some Suggestions.Through the analysis of the case, as well as on the research of the theory of punitive damages, the author thinks that, at the present stage our country urgently needs to apply punitive damages in the judicial. Starting from the basic national conditions of our country market economy development, combined with relevant cases in judicial practice, to construct China’s national conditions of punitive compensation system has important practical significance.