Research On Punitive Damages System Of Food Safety Law In China

In recent years, the issue of food safety problems has been more and more serious. In order to pursue their unilateral illegal interests.Some unscrupulous operators produce and operate the products which do not conform to food safety standards. The health of the people have been damaged seriously .Not only that,it caused food safety problem of panic for the public.In 2009, China promulgated "Food Safety Law", which regulated the food safety punitive damages system for the first time.It played an important role in fighting against food safety violation behaviors. In 2015, we have made great changes in the food safety law, and increase the punishment of illegal behavior of food safety,but the existing food safety punitive damages system still needs to be greatly improved.The paper uses three law research methods including,value analysis method,case analysis method and comparison analysis method which are universally used for legal study.It takes the food safety punitive compensation system as the breakthrough point, and comprehensively discusses how to manage the food safety problem.Starting from the concept, this article mainly introduces the basic theoretical issues related to the punitive damages system of food safety, focusing on the value and function of the application of punitive damages in food safety. The inherent punitive function and curbing function of punitive damages effectively combat the illegal production and sailing behaviors of the wrong-doers.It gives a full range of legal analysis of punitive damages of China's food safety system in five aspects: applicable scope, principle of imputation,constitutive requirements, exemption and concurrence of liability of punitive damages.This paper makes a comprehensive explaining of the problems in the implementation of China's food safety punitive compensation system, mainly focusing on three aspects of substantive law, procedural law and supporting system.It solves the problems in the process of the application of China's food safety punitive compensation system. The applicable conditions of punitive damages system mainly focus on food safety,the amount of compensation for calculus mechanism, legal proceedings and the supporting system.