Research Of Punitive Damages Liability And Related Standaeds About Food Safety Law

With the newly revised "Food Safety Law" formal promulgation, for its punitive liability applies have more standardized, clear and specific elaboration.Further intensify the crackdown on counterfeiters and those who sell fake,giving consumers the operability and interests of the rights on a larger space,to purify food security market has played a positive role.So, in the "food safety law" the one hundred and forty-eighth of punitive damages liability legislation value, whether in the judicial practice has played a due legal effect, and which places need to improve, it is the core content of this article will discuss.The first part in this paper, the punitive damages responsibility is introduced into the food safety law of value requirement.Through analyzing the realistic requirement of punitive damages liability system, as well as the value of law embodied by to illustrate the necessity of the punitive damages responsibility is introduced into.At the same time, "the tort liability act, "consumer rights and interests protects a law" the comparison of related law, reflect the system’s role in optimizing the structure of the law.The second part, mainly elaborates design of punitive damages in the "food safety" status and to analyze its defects in judicial practice.Through the analysis of the constitutive requirements of punitive damages liability, compensation standard and the formation of "food safety standard" the three aspects of reality, and combining with related legal documents by the referee on the basis of the law, based on reality reflects the current penal liability to pay compensation in the applicable in the food safety law has shortcomings.The third part, in view of the problems existing in the system, and puts forward corresponding perfecting suggestion.First of all, giving the punitive compensation a new definition include:clear scope of "food"; Subjective fault form shall explicitly include intentional and gross negligence; The actual damage is not the necessary premise of punitive damages.Secondly, to set up the hybrid compensation mechanism and rich the compensation scheme, the pertinence of responsibility of punitive damages is stronger, reveal system value.Finally, improving the food safety standards that from a technical level to control the occurrence of food safety problems.