Research On The Legal Application Of Punitive Damages System For Food Safety

Since 80 s of last century,a number of food laws and regulations have been promulgated.Among them,the legal application of punitive damages system for food safety based on the 148 th articles in the food safety law is a very controversial issue in the legal and economic circles.Combining the typical judicial cases,and drawing on the practices of other countries or regions,this paper clarifies the applicable scope and applicable elements of punitive damages for food safety,analyzes the judicial disputes existing in the process of application of the system,and puts forward some suggestions for the application of the system,so as to regulate the legal application of the system,and to achieve the goal of ensuring the safety of the food market and safeguarding the rights and interests of consumers.First of all,it clarifies the concept,characteristics,values and disadvantages of the punitive damages for food safety,and analyzes the nature of its responsibility.Secondly,combined with the nature and characteristics of punitive damages in food safety,the article defines the concepts of food,consumer and food safety standards and knowingly and so on,so as to clarify the applicable objects,applicable subjects and applicable elements.Then,it discusses the applicable problems of the system.In food safety disputes that apply this system,how to determine whether consumers actually know that food is not up to standard,whether the actual loss is a necessary component of system application,Whether punitive damages can be applied in the case of negligence,whether punitive damages can be applied if the consumers know it is a fake and buy it,and and whether punitive damages can be applied in the case of a defective food label,is the main judicial dispute.Finally,based on the balance between the protection of consumers' rights and the development of market economy,from the following four points of view: the compensation according to subjective fault,the perfection of food safety standard,the reasonable allocation of burden of proof and the improvement of supporting mechanism,the suggestions for the application of standard system are put forward.