Food Safety Under The Perspective Of Punitive Damages System Research

Under the condition of the grim situation of food safety in China,countries have issued"consumer rights and interests protects a law","food safety law,revised in 2015 and implementation of the new" food safety ",constantly strengthen intensify punitive damages,in order to improve the present situation of food safety.But the reality is not optimistic.At the same time,high makes some people breed of punishing compensate for illegal profit,know the fake behavior frequent lawmakers are both the inevitable economic phenomenon and become the unexpected results.In this paper,in order to know the fake together with every claim case as an example,from three aspects has analyzed our country food safety system of punitive damages:The first part,this paper expounds the standard of food safety in our country,has been clear about the food safety from two aspects of substance and form.Inherent quality does not conform to safety standards,food packaging absence,labels,brochures and other situation will influence after eating the personal health and safety,shall be deemed to be is not in conformity with the food safety standards.This part also analyzes the present situation of the Chinese legal system for food safety standards,the problems such as legislative idea relative lag,legal system and standard openness degree is not high question,and proposes to renew the idea of legislation,strengthen the systematic construction of legislation and establish food safety standard information sharing platform.Of the second part,first of all consumers and to know the fake concept analysis,and then from the aspects of theory and practice analysis of known fake actor customers different aspects of the subject qualification,combined with the spirit of food safety legislation and the current more court in the judicial practice,meeting minutes,state administration for industry and commerce of recent judicial proposal is put forward to know fake fake person do not have customers for the purpose of making subject qualification,should not get the punitive damages.Finally,combined with the case in this paper,the author put forward from the Angle of behavior characteristics analysis concluded that profit,know the fake behavior.The third part,combined with our current calculation of the amount of punitive damages stipulated in food safety law,points out that the current calculation is clear fixed but relatively rigid and inflexible,the following problems: one is not easy to reflect consumeractual loss,the second is not effectively punish illegal production operators,3 it is to fail to reflect the fault degree of illegal production operators.Put forward the punitive compensation amount calculation should be more resilient,flexible comprehensive consider many factors to determine.