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The System Of Punitive Damages In Food Safety Research In China

Posted on:2018-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2336330536965171Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Food is the basic of the people,security is the basic of the food.In recent years,there have been frequent violations in food safety in our country,and the judicial reform in the food safety field is urgently needed.The establishment of a punitive compensation system has the effect of restraining and mitigating the chaotic infringement of food safety.In recent years,there have been frequent violations in food safety in our country,and the judicial reform in the food safety field is urgently needed.Establishing a punitive compensation system has a restraining and mitigating effect of the chaotic infringement of food safety.The whole chapter is divided into five chapters,which will form a clear understanding of the punitive damages system from the aspects of the establishment of the punitive damages system,the development history,the problems in the judicial practice and the solution of the problems and the perfection of the system and forward better suggestions for the application of punitive compensation system in food safety in our country.The first part is introduction.In this part,we mainly theoretical Integrate and list the development of the compensation system and the opinions of the academic community,and make a simple understanding of the theoretical basis of different laws.The second part is the basic problem of punitive damages system in food safety.Let's have a comprehensive understanding on punitive damages system mainly from the concept of the system,the function to the constituent elements and have a clear understanding of the concept from the most basic part of the punitive damages system.The third part is a detailed explanation and lecture on the current situation of the legislative system of punitive damages in our judicial practice.In this part,the legal provisions of the punitive damages system are described in detail,and the various problems arising from the current judicial practice in the application of punitive damages system are pointed out.The fourth part is the study of the punitive damages system.From the Anglo-American law system,civil law system and China's Taiwan legal community on the punitive damages system gradually accepted the development of legislation to confirm this series of changes in the development of different legal systems,we compare and analysis the punitive damages system of the different countries in order to look forward to find out the implications of the punitive compensation system thatis best suited for our country's judicial application in the process of comparing and understanding each other.At the end of the paper,we put forward the corresponding suggestions on the problems existing in the judicial practice of the punitive damages system in our country,mainly from the three aspects of perfecting the scope of the subject stipulated by the law,rationally distributing the burden of proof and the improvement of the related system.We set out the lack of problems and defects in the system one by one,and according to the problems in practice design solutions,put forward their own views,hoping that through this writing can improve my ability to use legal thinking to solve the problem.
Keywords/Search Tags:punitive damages system, food safety law, applicable research
PDF Full Text Request
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