Study On The Application Of Punitive Damages In The Field Of Food Safety

Food security that effects health rights of the majority is not just the loss of personal interests,but that of the public.Food safety becomes more and more important than any period before because of its harm.At the same time,closed attention paid to the vulnerable groups and seeking for substantial justice makes punitive damages to be a powerful weapon which can contain unlawful infringement of food effectively.Starting from the positioning of punitive damages,this paper analyzes the current situation and main problems of punitive damages in the field of food and explores the application and improvement of punitive damages in the field of food safety.The full text is divided into four parts:The first part mainly discusses the concept and nature of punitive damages,and explores the background and necessity of punitive damages in the field of food safety in China.The definition and nature of punitive damages which is the prerequisite and theoretical basis for the study of punitive damages will greatly restrict the development and perfection of punitive damages.Therefore,the writer focus on the issue,and figure out that the concept of punitive damages is to recoup the losses of the victims,to punish and prevent illegal behaviors and acts.Victims should be awarded more damages than the general standard.Through the contrast between ancient and modern,it is clear that the current punitive damages seem to have both function of civil and criminal,but in fact it is the essence of the civil compensation system.For the second part,the writer makes comprehensive comparison between the "tort liability law" article forty-seventh,"consumer protection law" article fifty-fifth,"food safety law" provisions of article 148th,involving the contents of punitive damages in the field of food safety.The article gives a detailed analysis of various elements of the law and corresponding scope of it.It gives a clear explanation of the subject,subjective elements and objective elements.It also makes comprehensive analysis of the applicable conditions of food safety punitive damages to further clarify the responsibility of membership,and make more understanding of applicable law of reason.The third part mainly focus on theoretical and practical analyses of the problems existing in the field of food punitive damages,such as applicable clause,compensation standard,buying fake,subject qualification,responsibility chasing,public interest litigation.And the writer propose the main issues need to be identified combining with the present situation.The fourth part the writer makes comprehensive consideration of the current situation of legislation and the actual needs of social development,and put forward the perfect suggestion of punitive compensation in the field of food safety.In the process of the punitive damages applies in the field of food,differentiate the law applicable conditions.In view of the low standard of compensation,the suggestion of enlarging the scope of loss calculation and strengthening the minimum amount of punitive damages is put forward.The consumers buying fake should be identified to be with subject qualification.We should clear the punitive compensation right of recourse against the problems between different subjects and the specific situation of the responsibility division.At the same time,actively explore the punitive damages provisions shall be applicable in the public interest litigation.