The Liability With Punitive Damages Of Food E-commerce Platforms

Punitive compensation system has both the function of punishment and deterrence,it plays an important role in ensuring the food safety of network.Although the revised ”food safety law” determines the civil liability of the food e-commerce platform,it is not clear whether the platform can be jointly applicable to the "knowingly" online food operators(producers).In judicial practice,taking Taobao platform as an example,there are both opinions that the adjudicator supports the application of punitive damages jointly to the food e-commerce platform,and those that deny that the platform can be the subject of joint punitive damages.The lack of such legislation and the conflict of judicial ideas have seriously affected the determination of punitive damages liability of food e-commerce platforms.Food e-commerce platform is the platform provider of online food trading,and it's trading mode includes "C2C" mode,"B2C" mode of online shopping mall and "O2O" mode of takeaway.By referring to the definition of e-commerce platform in the "e-commerce law",the scope of food e-commerce platform can be determined.The We Chat-like network platform may also play the role of food e-commerce platform,but due to its media properties,it will be more appropriate to be regulated by the” e-commerce law”.Lawmakers have special legislative purpose for strengthen the supervision of food safety network trade,giving food electric business platform legal obligation,requiring food electric business platform can be jointly liable for punitive damages.It conforms to the purpose of ensure the safety of food to set up the system of punitive damages,nor contrary to qualification requirements for "food safety law" the 148 th established.In the” food safety law " for 131 th regulation of liability rules,food electric business platform undertakes the several liabilities of the equal emphasis with online-food operators on objective;for the not really joint liability with the infringement and concurrence of establishment of conditional;and the platform's individual responsibility when it make unilaterally promise more beneficial to consumer.Only in the case of the conditional not really joint liability,food electric business platform shall be jointly liable for punitive damages,because it only provides the indirect reason force for consumers' damage.When the platform undertakes liability under the conditional not really joint and several,it shall enjoy the right of the compensation,which has the balance in the middle duty for punishmentand incentive,urging the food electric business platform play the role of the "keeper",standardizing the order of network food trade.When the electric business platform "knowing" the existence of obligation,and failed or improper to provide,causing damage to the legitimate rights and interests of consumers,the net shall be undertaken joint liability punitive damages for basis of ten times the price or the compensation for mental injury to property damage,eliminate beyond the personal loss for three times the measurement with food business operator(producers).In reality,the problem of "knowing and buying fake food" also directly affects the application of punitive damages liability of food e-commerce platforms,and the referees usually hold the opinion of not supporting it.Because of the particularity of food and drug,“the food safety law” is different from the law on the protection of ”consumers' rights and interests”,which gives the tendentious protection to those who know and buy fake food and drug,and those who know and buy fake food and drug are qualified to claim punitive damages.