Research On Punitive Damages In Food Safety Law

Food safety is directly related to the basic legitimate rights and interests of the public,as well as the health of everyone's life.It is a social problem that can not be ignored.From the current point of view of our country,food safety problems are still facing a very serious situation,a variety of food safety incidents emerge in an endless stream,food problems plague every citizen.Therefore,food safety is the most important concern of the public.The frequent occurrence of food-borne diseases and group poisoning incidents exposed by the news media,the difficulty in eliminating takeout in various black workshops,and the fraud of consumers in food health products make us tremble.In the face of such serious food safety problems in China,legislators have increased the penalties for producers and sellers who violate food safety.Especially,the Food Safety Law of 2015 stipulates in more detail the applicable amount standard of punitive damages system.The amount of compensation stipulated in this article is much higher than that in the past.The application of the newly revised punitive damages in the field of food safety has seriously hit illegal producers and operators,increased their illegal costs,and better protected the legitimate rights and interests of consumers.However,there are many problems and disputes in the application of punitive damages system in the field of food in real life.This paper discusses the case of food disputes between Xia Wen dong and Bai de fu Company,based on the focus of the debate,combines with the definition of punitive damages system in food safety law,and through the analysis of the legislative and judicial status of punitive damages system in the field of food safety in China,further explores and studies the existing problems of punitive damages system in food safety law,and puts forward some suggestions on punishment.The rationalization suggestion of sexual compensation system is helpful to solve many difficult problems existing in the protection of consumers' rights at present.