Research On The Applicability Of Punitive Compensation System In Occupation As Cracking Down On Food Fake Products

In recent years,in order to restraint the food safety problems,administrative law enforcement has been continuously strengthened and criminal penalties have gradually increased.However,public relief methods such as administrative and criminal relief are faced with administrative resource constraining and rent-seeking by public power,which severely restrict the effectiveness of food law enforcement.Under the influence of punitive compensation system in "Law on Protection of the Rights and Interests of Consumers" and "Food Safety Law",the"Professional extortioner for fraud fighting" represented by Wang Hai came into being,and has gradually evolved from individual professional cracking down on counterfeit to group and company."On the one hand,professional extortioner for fraud fighting increases illegal costs,saves administrative resources,promotes the social co-governance of food safety,and achieves the incentive compatibility of personal interests and social interests.However,in order to invoke the punitive compensation system and obtain huge compensation,they make falsification of facts,extortion,violent claims and other acts that will produce certain moral risks.Therefore,it is imperative to standardize the guidance and management of them.There are theoretical and practical problems in the application of punitive damages for professional counterfeiting in the food field in China.In theory,the application of punitive damages for professional counterfeiting in the food sector will cause conflicts between personal interests and social interests,conflicts between individual profit and social morality,and society.The conflict between fairness and social efficiency;in practice,in China's professional anti-counterfeiting cases,whether the subject can apply the punitive damage identification standard is unclear,whether the professional counterfeit person can buy fake leave can apply the punitive damages,the occupational counterfeiting punishment in China's food field is unknown.The calculation of sexual compensation is rigid.Therefore,starting from the characteristics of professional counterfeiters and the characteristics of professional counterfeiters,it is necessary to apply punitive damages for professional counterfeiting in the food field.On this basis,how to calculate the professional punitive damages in the food field should be calculated.The provisions of the base and multiples should be considered in a variety of factors,flexible regulations.The punitive damages system should be applied to professional counterfeiting in the food field,but its application should be supplemented by the improvement of relevant laws.In substantive law,it is necessary to distinguish between professional counterfeiters and ordinary consumers,and to distinguish between false and fake behaviors and ordinary consumer behaviors.The punitive damages system in the Food Safety Law is amended to adjust the calculation method of punitive damages;in the procedural law,punitive measures are applied to professional counterfeiting in the food field by enhancing joint litigation,improving public interest litigation,and introducing group litigation.The relevant laws for compensation are improved.