Study Of Punitive Damages System In China’s "Food Safety Law"

Punitive damages system has a long history in the ancient world, It is taked widespread in all countries. After inheritance and development, its is widely applied in common law countries, but it was abandoned by the civil law countries, until now, the mainstream view of civil law countries are still against the punitive compensation system. The punitive damages system in China started late, especially the punitive damages system in the food safety law, which was introduced in 2009, even if amended in 2015, there are still many deficiencies. there have been many incidents of food safety in China, it is shocking and chilling, even if you have responsibility for food safety included in the scope of criminal liability, failed to curb the occurrence of food safety incidents. The system of punitive damages in the "Food safety law", to punish and curb illegal food producers and operators as the main purpose, not only, to protect the interests of consumers but also to protect the interests of the other person, it is possible to stop the occurrence of food safety incidents from the source. In this paper, through four parts to study the system of the punitive damages in China’s "Food safety law". We hope to be able to make recommendations feasibility, so that the punitive damages in China’s "Food safety law" is more perfect.The first chapter is the introduction part of the article, by asking questions, the research background, the significance of these three areas, simply discuss academic and practical value of this paper.The second chapter, the first of punitive damages system overview, raises the punitive compensation system in the food safety law. Secondly focuses on the function of punitive damages system in "Food safety law", for the later to improve the "Food Safety Law" punitive damages regimes bedding.The third chapter discussed the less of punitive damages in China’s "Food Safety Law" from four aspects. It is not only some nouns definition is not clear, such as "knowingly", "loss", "pay the price", for punitive damages should bear the responsibility of the constituent elements is also difficult to grasp, in addition to, due to lack of security related systems lead to consumer rights difficult, and its compensation design is not reasonable. All these shortcomings, resulting in China’s "Food Safety Law" punitive compensation system useless.The fourth chapter, according to the four deficiencies raised by the second chapter, targeted recommendations feasibility. First clear the related concept, the author consider the characteristics of modern network consumption, pointing out that the base of punitive damages is "pay the price" shall mean the cost price of food. The second to determine the components of the punitive damages responsibility, on the basis of drawing on foreign experience, pointing out that not only does not comply with the food safety standards as the only result of punitive damages liability requirements. Then improve consumer rights protection measures to reduce the cost of consumers’ rights protection. Finally, the scientific definition of punitive damages standard, to encourage consumers to actively safeguard their rights, and contain the food producers or marketers implementation of wrongdoing. In addition, we hope to promote the supporting systems to guarantee the implementation of the effect of punitive damages system.