The Study Of Applicability Of Punitive Compensation System In The Food Safety Law

The newly revised Food Safety Law in 2015 supplemented the content of the old law,thereby establishing a punitive damages system model of “compensation for losses + ten times the price or three times the loss + the book”.Compared with the old law,the new Food Safety Law is more complete in content and responds to some problems in judicial practice,but about the core of the definition of “consumer”,the identification of “knowing”,the “Does not meet with food safety standards” and the scope of “damage” these questions did not made a clear response.Due to the lack of uniform interpretation rule of the law and Legal interpretation,the interpretation of the above problems in judicial practice is different,resulting in the inconsistency of judicial decisions.Therefore,this article is necessary through the literature research method,empirical analysis method and comparative analysis method,from the perspective of interpretation theory to study the application of punitive damages system.This paper is divided into five chapters.The first chapter is the discovery and clarification of the problem.In the first section,through the introduction of the status quo of legislation,it is proposed that the concept of relevant issues in the legislation and the ideas of the identification are indeed unclear.The second section adopts the collation and analysis of relevant cases in the judicial application of the punitive damages system.Summarize the judging views of the judicial practice on the above four elements and the problems in them.The third section is to clarify the problem.Through the phenomenon to see the essence,it is clear that the crux of the punitive damages system in the judicial application is the problem of judicial application,that is,the judge's excessive dependence on the legislation and lack of legal interpretation ability of the attention and cultivation of.What's more,because lack of the rules of the determined uniform legal interpretation,the judge found the lack of law in the simple comparison of law and facts,but did not delve into the reasons,and did not exhaust the function of the existing law and using a reasonable legal interpretation ways to explain the law.The second chapter discusses the scope of the application and applicable situation of the punitive damages system in the Food Safety Law.It solves the problem of when the punitive damages system is applicable.It compares the punitive damages system in different jurisdictions to clarify the conflicts and coordination between the punitive damages system in the Food Safety Law conflicts and the punitive damages system in the relevant laws.The punitive damages system in the Food Safety Law and the punitive damages system stipulated in the Consumer Protection Law have the relationship between special regulations and general regulations.The punitive damages system in the Food Safety Law and The punitive damages system of the Tort Liability Law don't have the relationship between special provisions and general provisions.The rights subject can freely choose the basis of the claim right within the scope of his rights.The third chapter discusses the applicable subject and subjective elements of the punitive damages system,including the definition of the scope of the applicable subject and the interpretation of “knowing”.Regarding the applicable subject,it should first be recognized that the current law does not clearly define the “consumer” because of the consideration of maintaining the appropriateness of the law.However,for the practical needs of judicial application,it is necessary to define the “consumer” identity.The purpose of "life consumption" as determined in the existing legislation should be utilized and using the "non-profit element" in the comparative law to restrict its scope is reasonable.Secondly,according to the "There is no nonsense in law" rule,it is not appropriate to include legal persons and unincorporated organizations,transporters and warehousing personnel who have already determined their rights and responsibilities through other legal norms into the scope of punitive damages.For the main body of the online trading platform and the organizer of the centralized transaction,the counter renter and other subjects who need to bear the punitive damages,it should be determined according to the case.The "knowing" should make full use of the interpretation of the literal interpretation method and logical interpretation method,interpreting it as "knowing and presumptive knowing",without including gross negligence,and should make it clear that "knowing" should be "May know" and "should be Knowing",the attention of obligation must be clear defined by laws,regulations and normative documents,and it should be compatible with the responsibility and ability of the responsible subject.The fourth chapter discusses the applicable objective elements of the punitive damages system,including the judgment of “non-compliance with food safety standards” and the interpretation of actual losses.About "do not meet food safety standards",it should be on the "do not meet food safety standards" do substantive interpretation,as a recognized food safety standard,the core of food security identification is the secure of food rather than literally follow food safety standards.At the same time,considering that judges have natural difficulties in judging professional food safety standards,when judging food safety,they should judge by referring to the appraisal results of professional inspection agencies or the authoritative opinions issued by functional departments.With regard to actual losses,it should be clarified that the application of the punitive damages system in the Food Safety Law does not need "real losses",but the definition and identification of losses are stillsignificant.The discussion of the loss here should distinguish between contract losses and infringement losses.The scope of contract losses includes loss of contractual benefits and loss of expected benefits,excluding mental damage.Infringement losses include losses and mental losses other than the product itself.The calculation base of the punitive damages doesn't include moral damage because it is a parallel relationship with punitive damages.The fifth chapter is the conclusion,which is mainly to summarize the full text.On this basis,it emphasizes the importance of legal interpretation and legal interpretation rules.