Study On Punitive Damages In The Field Of Food And Drug Safety

In recent years,the food and drug safety incidents attacked our country and 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 affect the healthy development of the foocd and drug industry.So it is very urgent to solve the problem of food and drug safety.From the perspective of law and economics,the food and drug legal punishment system existing many shortcomings and can't solve the problems in the field of food and drug safety.So,it is significant to study the punitive damages system.According to the legal theory,it analyzes the typical food and drug safety events and tries to clarify policy thinking and legal boundaries.At the same time,the purpose of the research is to improve the system of punitive damages as soon as possible and establish the legislative idea and principle of law enforcement.The most important thing is that to provide theoretical basis and legal advice to revise the "food safety law" and the "drug administration law".Section of this paper is as follows.First of all,this part mainly illustrates the theory of punitive damages in the field of food and drug including the legal basis and economics foundation.On this basis,it finds the correspondence of punitive damages system and the food and drug safety.Secondly,this part analyzes the status of punitive damages system in field of food and drug safety.In the beginning,it expounds the law application about punitive damages system in the food and drug safety field.Then it analyzes the lack of law enforcement of administrative penalties,criminal penalties,civil compensation and punitive damages and tries to finds the reasons in China's food and drug safety field.In addition,it mainly adopts the method of case analysis from the perspective of economics.Thirdly,this part mainly discusses how to improve the system of punitive damages in the field of food and drug safety.The advices focus on the conditions about application of the punitive damages system and the calculation of compensation method.It also analyzes the factors affecting judicial probability and a solution to the problem in the field food and drug.It also analyzes the factors affecting judicial probability and a solution to the problem in the field food and drug.Finally it suggests that punitive compensation should refer to a variety of factors and maintains a degree of flexibility.