Study On Punitive Damages System In Field Of Food Safety

Truly,as it was written long ago:“Food is the first necessity of the people”.Food safety is related to human survival and healthy development,the party and the country has been highly concerned about this matter.In recent years,with the rapid development of market economy,such as “clenbuterol”“tainted steamed buns”“tonyred” and other food safety incidents occur frequently,theses incidents in a large part threaten the health of the people,it aslo greatly disturbed the sound development of the market economy.In the field of food consumption,consumers and operators has been in an unequal position,the consumers can not compete with powerful operators.Therefore,it is necessary to introduce the punitive damages system in the food safety law,in particular,the new “food safety law”148th has improved the punitive damages system,it has aroused attention of the people to the punitive damages system.According to the punitive damages system,illegal person will be sentenced to high compensation,it can safeguard the legitimate rights and interests of comsumers.This paper focuses on the dilemma of punitive damages system in the field of food safety in china and put forward a general idea in order to improve the problem,and hope it can better implement the food safety law to protect the legitimate rights and interests of consumers.This paper is divided into six parts.The introduction mainly discusses the source of the thesis,and analysis the practical significance and theoretical significance of the part.The first part is about the concept and function of the punitive damages system in the field of food safety.The author believes that the punitive damages have the functions of punishment,deterrence and prevention,and describe these functions and analyze their rationality one by one.The second part is about the problems of punitive damages system in the field of food safety in china.Although China has revised the food safety law,it provides ten times the compensation,and set the minimum compensation.But the system still has not tounched the “blank”zone,The author expounds the existing problems of the system,Such as no punishment of the operator's misconduct,the burden of proof is difficult,the low standards of food safety,And made a detailed analysis.The third part talks about the current situation of the punitive damages of the other three typical countries,namely the United States,Germany,France,and the extraterritorial experience that our country can learn from these countries.The forth part is about the improvement of China's food safety punitive damages system.