Research Punitive Damages System Of Food Safety

"People are the source of national strength, food is the paramount necessity of peopleand food safety is the top priority", China has a long history civilization of eating, however,there are lots of food safety accidents appeared in recent years. Since the "food safety law"promulgated and implemented, the problem is still not solved, system defects led to theineffective of law, especially the system of punitive damages of food safety does not ineffect.Punitive damages play a significant role in legal system of compensation for tort inChina. This paper consists of three parts, respectively are introduction, thesis, body andconclusion. The paper text is divided into four chapters. The main parts are as follows:The first chapter is about the introduction for punitive damages theory. The first partsummarizes the system briefly. Firstly, it clears the definition of the food, food safety,punitive damages and so on. And then the paper searches the function of the system andvalue basis. The third part draws on the successful experiences of the punitive damages inmajor countries and regions of two legal systems and its implications. At last, it tries tofind out the advanced experience and deeper insights that we can learn. The second chaptermainly analyzes the food safety punitive damages system. We introduced the principle ofliability at first, which different between producers and sellers. Then, the paper tries todiscuss the aspects of suit condition. In addition to balancing two parts, we describesdisclaimer of the system. At last, the paper focuses on the concurrence liability. The thirdchapter discussed China food safety punitive damages system. It analyzes the currentlegislation on punitive damages of food safety. This part tries to identify the main causes ofthe problems. The last chapter is to promote the current legislation on punitive damages offood safety, based on above analysis, constructing in multi-solving mechanism aboutjudiciary. So, the part proposes some measures to perfect the legislation.