Punitive Damages In The Food Of The Damage Caused The Tort Liability Application

In recent years,food virulence violations continue to emerge,the government take various means to solve the problems,but the result was not ideal.Food quality relates to people's life and health issues,we will undoubtedly have to pay extra attention to solve this problem,and particularly important is that the punitive damages' application.Our existing law provides for punitive damages in the food area,but in the main application for the specific operating conditions,the level remains problems.In recent years,from the view of our typical food virulence violations' results,we have no doubt that apply to punitive damages was necessity and urgency.Point to the phenomenon that food virulence violations of China in recent years frequently happened,from the legislative level to think,we could see that although our laws make provision for punitive damages,but there is still have the problem,such as that the scope of the people who can apply for the punitive damages is narrow and the range of the punitive damages' application is limited and the method to determine the amount of punitive damages is also defective.We should appropriately expand the scope of the applicant and the punitive damages,and a clear method for determining the amount to carry out its functions better.In the study of a system,you must understand the meaning of the system,after clearly defined the meaning of punitive damages system,we should continue to explore the characteristics and relationships with related systems,demonstrate the necessity of its existence,and thus analysis of its value and function.People who can apply for punitive damages affect the results of its application.Based on our existing legal provisions applicable object for the subject were described,specifically the scope of application of the present controversy synthesize,compare,that was consistent with the purpose of punitive damages applicable to the conclusion,to ensure that the effect of application of punitive damages.Because of the importance of food,rather than the more perfect the legal system necessarily better,the virulence of infringement in the food area,the applicable threshold conditions of use should not be too high not too low,or not hit the desired results.The perpetrator must be strict in charge level,avoid carelessness,indifferenceexcuse for such negligence produced the damage caused by the offense for the fact that not too high,resulting in a considerable degree of damage as long as it can be applied,otherwise,a lot of illegal people into the net,and the victim's losses also can not be effectively compensated.The methods to determine the amount of punitive damages,is not only related to the victim's loss can be remedied satisfactorily,but the violations were related to can effectively achieve the deterrent effect.In real life,the specific circumstances of each case are different,can not be considered a requirement in all cases,the amount of compensation,but to the principle of command in the appropriate reference under different circumstances of the case,the amount of punitive damages and compensatory damages amount to maintain a certain ratio,but not made a highest amount to limite the amount of punitive damages.