Study On The Punitive Damages Of Food Consumption Field

With the rapid development of economy,people pay more attention to their health.The first one is the field of food security.But there are still some problems in it.In 2008,the incident of Sanlu Poisonous Milk,it has caused adverse impact and resulted in serious consequences.That leads directly in 2009 our government to have Food Safety Law of The People's Republic of China.In article 96,the punitive damages system,if there is one thing bad,the merchant will give back the tenfold of compensation.Although,it's in the law,at present,there are still some problems need to get more attention.Something shows up gradually in the practical process the punitive damages system.For example,the surface is ten times of the compensation,actually the real compensation is very little.The main reason is that the price of food are low.The low provides customers can get ten times compensation,but they still don't want to try and use the legal tool to safeguard their rights.It runs counter to original purposes of legislature and doesn't have a good effect of punish.Then as such,according to collect many other opinions and search a lot of information,in 1~stt October 2015 the relevant articles of Food Safety Law of The people's Republic of China got revised.Comparing with the old law,it adds the penalties about punitive damages.This new law is including the compensation changed from two times of food price to two times of food price or three times of the loss the customers had and also needed at least 1000RMB compensation.That means if someone do it he will have to pay muchmore than before he paid,also it adds some penalties.This new paper has the four parts:One,some introduction states of the origin,and the improvement of punitive compensations form.Two,the discussions about countermeasures about the punitive compensations are really helpful.Three,a series of problems after analysing and discussing the real effect about punitive compensations form.Four,in Food Safety Law of The People's Republic of China,it includes some suggestions that can improve the punitive compensation form.At the same time it's based on some national situations and some current conditions.