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Research On Punitive Compensation System For Food Safety

Posted on:2020-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:C P QiFull Text:PDF
GTID:2416330572989496Subject:Master of Laws
Abstract/Summary:PDF Full Text Request
Food safety has always been the top priority of our national livelihood issues.In recent years,frequent food safety problems in China have not only damaged people's physical and mental health,but also impacted China's market economic order.Therefore,punitive compensation system is introduced into the food safety law.With the continuous improvement of the punitive compensation system,it plays a great role in food safety.The food safety punitive compensation system is expected to improve the current situation of China's food safety field,so as to protect the legitimate rights and interests of the people,crack down on illegal and criminal ACTS,and stabilize China's social order and market economic order.This paper focuses on the punitive compensation system in the food safety law of China,which is divided into five parts:The first part mainly discusses the nature and function of food safety punitive compensation system and how to coordinate the application of several laws applicable to the punitive compensation system in China.This part is mainly based on the theoretical level.At present,most of the viewpoints proposed have not been unified in the academic world.Therefore,there is more room for speculation.The second part is specifically about how the punitive compensation system is applied in China's food safety law.It includes three aspects: the subject of application,the object of application and the application of punitive damages.The third part briefly introduces the punitive compensation system of other countries in the field of food safety.Because their punitive compensation system is relatively more mature than ours,so there is a lot to learn from,and in the process of theory and practice,the legislative experience we use for reference does make up for some of our own shortcomings.The fourth part mainly puts forward the existing problems of punitive compensation system for food safety in China.There are some problems such as unclear or undefined legal provisions,unreasonable application process and food safety standards lagging behind.The fifth part puts forward specific Suggestions for the problems listed in the fourth part,and proposes two supporting systems of liability insurance system and public interest litigation system as the follow-up guarantee.It is intended to make the punitive compensation system play a better role through a more comprehensive system design.
Keywords/Search Tags:Food safety, punitive damages, application, inversion of burden of proof
PDF Full Text Request
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