Research Of Punitive Damages Of The Food Tort

Because of the punitive damages in the law of various legal departments punishment for different purposes and functions, there are many laws relevant provisions, this article only discusses the infringement field and food related provisions, such as the "food safety law", "tort liability law", "consumer protection law" provisions of the food related tort.With the development of the rule of law in China, as well as the extra territorial legislation, and the legislation and judicial practice in Taiwan area, this article summarizes the relevant rules of punitive damages, and strives to put forward the relevant recommendations. There are four parts in this paper:The basic theory of punitive damages and food related the first part summarizes the tort field, respectively describes the relevant theoretical foundations of food tort, punitive damages and punitive damages, including food tort definition, their characteristics, and the necessity and particularity of the kinds of food tort and punitive damages are described.The second part embarks from the current legislation of many departments of existing law, comprehensive comparison, prerequisite and application of between various departments and the integration of refining, analysis the urgency to establish our food infringement punishment system of punitive damages and it. And put forward the problem of the food punitive damages and the analysis of the corresponding reasons. The first is the calculation of compensation amount and compensation technology of fuzzy judgment standard, although China has related to the calculation of compensation amount, but because the real difference in food tort law lagging and the existing provisions change rapidly, there is not a very good solution to solve practical problems, to determine the amount of compensation calculated there are still many deficiencies. Second, from the operator in charge of the provisions are not clear. Third, try to analyze the legal provisions of the law from the angle of the law of competition is not uniform and the specific responsibilities of the tort person to bear the problem of unknown. The last part is about the system of public interest litigation in the aspect of food tort.The third part is about the foreign countries such as the United States,the European Union, Japan and Taiwan region of China's food punitive damages system to inspect, and obtain the relevant inspiration. There are three inspirations. First, the establishment of China's national conditions and adapt to the punitive damages system. Second, the application of the system of punitive damages in the field of food tort should be clear.Third, the amount of punitive damages should be clear and specific provisions.In the fourth part, the paper puts forward some suggestions on the perfection of the punitive damages. Firstly, the paper discusses the relevant provisions of the refinement and perfection of the calculation standard of the amount of punitive damages and the base of the compensation. Second, the operator of the subjective aspects of the need should be clear and specific. Third, combined with the part of the law of tort liability, the article discusses the application of the flexible application of punitive damages,trying to provide the corresponding solutions from the judicial application. Fourth, from the perspective of public interest litigation, try to explore the application of punitive damages in the field of food tort.