Practice Research On The China’s Punitive Damage System Of Food Safety

This paper takes applicable situation of the punitive damage system in food safety dispute as the research object.Analyzes the differences to some problems arise in the process of apply punitive damage clause which reflected in the judicial judgment,and puts forward the method to solve these problems.The first part of this paper mainly introduces the basic situation of punitive damage system, including its conception,fiction, development process,and its specific provisions in food safety legislation in China.The second part extracts the main differences existing in the current judicial judgment from different real cases.The third part analyzes the problems above one by one,finds out the causes of problems,and puts forward effective suggestions to legislative and judicial practice.This paper argues that the legislation should be abolished the clause which support people who buy fake products on purpose advocate rights.We should take the internal standard to identify whether the food conform to the food safety standard,take actual personal rights and interests damage as the prerequisite to liable for punitive damage,and will limit the fault of seller within the scope of the intentional or gross negligence.