Research On Legal System Of Punitive Damages In Food Safety

The punitive compensation legal system means that the range of compensation paid to the victim includes not only the plaintiff's compensation but also the punishment of the defendant.Punitive damages legal system.Compared with compensatory damages,the legal system of punitive damages is characterized by punitive,private prosecution and statutory.The legal system of punitive damages not only has the effect of compensating the victim's losses but also the punishment of the defendant.It is precisely because of this punitive character with the color of criminal law that many people are opposed to the system into the civil liability system.However,the continuous occurrence of food safety incidents in our country can be seen in the failure of administrative means and criminal means in this field.Therefore,the establishment of a punitive damages system not only helps safeguard the legitimate rights and interests of consumers,but also helps to reduce the occurrence of illegal activities in the field of food safety.At present,in the field of judicial practice,there is a big disagreement about whether falsified and fake buyers in the consumer sector can obtain punitive damages.This does not form a unified understanding of the problem.The courts in different districts have failed to recognize this issue.the same.This inconsistency in judicial practice is also reflected in differences in food safety standards.This paper selects 92 judicial decisions on punitive damages in the China Judgment Papers Network,and finally selects 57 decisions based on consumer identity as the focus of the dispute,and concludes that the punitive damages system in China is judicial.Problems in the field of practice.The reason why our country makes different judgments on the same issues in judicial practice is mainly on the determination of consumer identities,on the general concentration and on the purpose of consumer purchase,whether consumers have similar lawsuits,the quantity and use of purchased goods,And whether the anti-counterfeiting business is a factor affecting consumer identity.Through the analysis of the punitive damages legal system in the extraterritorial domain and the Taiwan region of China,China can use the extraterritorial law to stipulate the punitive damages fund price basis and combine the actual situation in China.