Research On Punitive Damages In The Fields Of Food And Drug Safety

In recent years,the food and drug safety incidents attacked our country,such as "poisonous milk powder"?"poison capsule"?"clenbuterol"?"zombie" meat and so on,even there exists a growing trend.Food and drug safety incidents not only endanger the personal and property safety of consumers;but also disrupt the market order,reduce the social welfare,and have serious negative externality.So it is very urgent to solve the problem of food and drug safety.Developed countries also faced a more serious problem of food and drug safety,but with the improvement of the regulation system,they have almost solved this problem.Among the legal regulation means,the punitive damages system plays an important role,and it is worthy of reference for our country.On the basis of existing theory,this paper analyzes the defects of the regulation in the food and drug safety from the angle of industry economics.In order to make the research more targeted and concreteness,the paper mainly analyzes the legal regulation of the food and drug safety regulation.First of all,it analyzes the lack of law enforcement of administrative penalties and criminal penalties and civil compensation in China's food and drug safety field,and it mainly adopts the method of case analysis from the perspective of economics.Secondly,it studies the necessity of introducing the punitive compensation system into the field of food and drug safety,and it's from the angles of economics.Finally,according to the existing system of punitive damages in our country,it researches the existing unreasonable place,and suggests punitive damages should see actual loss to the victim as the calculating base in infringement cases;On the basis of Posner's optimal deterrence theory,it suggests punitive damages should refer to other factors of the infringer,such as the degree of bad behavior,the harm to the victim and society,the status of the property,etc,and then it builds a feasible mathematical model to improve the system of punitive damages in the field of food and drug safety in China.In addition,in order to better solve the problem of food and drug safety,it suggests that in the process of legal regulation system punitive damages should be used together with other legal means to play a role and achieve the optimal regulation effect.Section of this paper is as follows.The first chapter mainly illustrates the related concepts of food and drug safety;economics attributes,namely,information asymmetry,externality and common goods features;properties,and summary of the existing regulation and punitive damages system of food and drug safety.The second chapter mainly analyzes the lack of law enforcement in the field of food and drug safety,namely,the less of administrative fines,the low probability of criminal conviction,and narrow scope of civil compensation.The third chapter mainly studies the necessity of introducing punitive damages system in China.The fourth chapter mainly analyzes the existing unreasonable place of punitive damages system,and puts forward relevant suggestions for its perfect.Overall,this article is problem-oriented,uses the methods of case analysis,economics of law and game theory,combines with information asymmetry,externality,public goods and cost-benefit theory in the field of economics and the optimal deterrence theory in the field of law,from the perspective of economics researches and tries to solve the problems existing in the food and drug safety field,and puts forward reasonable suggestions to the current legal regulation in the field of food and drug safety in China.