The Analysis Of Food Safety Law Punitive Damages Application

Concerning thousands of households, national economy and the people’s livelihood, Food safety is of great significance. However, plenty of dissatisfactions are found in current situation of food safety in our country. With the proposals and deliberations, the Food Safety Law, implemented on July1st in2009, which providing legislative support for food safety in various aspects has become a significant milestone in legal system of food safety. In addition, it has become a highlight to introduce the punitive damages system of’false one penalty ten’in the field of food safety. Based on the development of the punitive damages system and its property, functions, the article analyzes the applicable goals, special applications, and the course of development in our country to explore the status of the Food Safety Law punitive damages from the scope, conditions, procedures, and calculating compensation. According to the current application in China and the problems existing in the process of application, it puts forward relevant proposals to perfect the system.The article includes four main parts:The first part describes the basic of punitive damages system, the concept of punitive damages and its history, property, and actual function of punitive damages system in the Food Safety Law.The second part is the analysis of the scope of China’s Food Safety Law punitive damages, conditions, procedures, and compensation calculation to lay the foundation for the problems of food safety law punitive damages application system. The third part puts forward a series of problems based on the-above analysis of the problems of the Food Safety Law in its application process. For example, violations are difficult to identify, subjective applicable elements are too narrow, and calculating compensation is irrational.The fourth part is based on the development of China’s basic national conditions and the problems, putting forward some suggestions that benefit the perfection of the Food Safety Law punitive damages system.