Study On Punitive Compensation System For Food Safety In China

Due to its multiple,universal and serious characteristics,food safety in China has become a hot and social topic in recent years and attracts the attention of all circles.The law circles naturally devoted a lot of energy,but from the result,there is always a superficial interpretation that is superficial and can not be punctuated by the crucial point.As an important issue that is closely linked with people's life,life safety and physical health,we can not and should not be given a simple,isolated and one-sided response.Rather,we should conduct in-depth and comprehensive studies on many aspects of theory,system and demonstration of orientation to solve this major problem of reality.The system of punitive damages exists and development has a long history.However,the system started relatively late in our country.In particular,the punitive damages system in the Food Safety Law was introduced in 2009,Before that,the seafood products "malachite green" in 2005,the red duck in Sudan in 2006,and the melamine in 2008 in Sanlu milk powder have appeared one after another.It was amended in 2015.Although the revised interval has been six years,there are still many shortcomings that can not be fully resolved.The punitive compensation system stipulated in the Food Safety Law mainly aims at punishing and deterring food producers and operators who commit illegal activities while protecting the interests of consumers and at the same time protecting the legitimate interests of the rest of society.Is an effective measure to prevent food safety accidents from the root causes.Therefore,this article analyzes and contrasts the punitive damages system in China's Food Safety Law through four parts,and hopes to combine the existing provisions and the effective practices of all countries in the world to put forward the feasibility of the solution to the food safety problem in our country to make our country "Food Safety Law" in the punitive damages system more perfect and truly realize its most fundamental legislative intent.This article is divided into four chapters.The first chapter explains the relevant concepts of food safety and punitive damages,redefine the basic concepts involved in punitive damages for food safety,and demonstrate and demonstrate the implementation value of the system.The second chapter focuses on the status quo of legislation and judiciary and the problems in its implementation on punitive damages for food safety in our country's existinglaw,and analyze the reason of this phenomenon.Chapter Three introduces the excellent experience of applying the punitive damages compensation system in the food safety between the Anglo-American law system and the civil law system.Under the circumstances of our country's national conditions,we can obtain the positive enlightenment that will help our country's system construction.Chapter ? summarizes the analysis of the above three chapters,The author summarizes the applicable conditions,the standard of compensation calculation of the punitive damages for food safety in China,and puts forward some specific suggestions on how to improve the punitive damages for food safety in China.Hope to improve the system of punitive damages in food safety in our country.