Research On Punitive Compensation System Of Food Safety In China

In recent years,there are many cases of breach of contract and infringement in the field of food,and the public pays more and more attention to food safety events,so the punitive compensation system for food safety is also more and more important.In Article 179 of the general principles of civil law revised in 2017,the punitive compensation responsibility is defined as the general form of civil liability,which greatly expands the scope of application of the punitive compensation system China’s food industry has also stipulated a punitive compensation system in relevant laws,which greatly curbs food safety violations.Therefore,this system plays an irreplaceable role in China’s food safety industry.However,there are many problems in the application of this system,which is not conducive to the smooth development of China’s food safety punitive compensation system in judicial practice,In this regard,the author will follow the civil law From the perspective of food punitive compensation system related issues were studied.The first part focuses on the meaning,nature and function of punitive compensation for food safety,and introduces the punitive compensation system in Taiwan,the United States and Germany,and makes a comparative analysis of the current situation of legislation to learn from its legal experience;The second part introduces the punitive compensation of food contract liability and food tort liability in detail,and compares the special punitive compensation of food safety with the competitive application of punitive compensation for defective products and punitive compensation for fraud,and gives the application suggestions;In the third part,through the analysis of punitive damages for food safety in China,the author puts forward the problems existing in the civil law field of punitive damages for food safety in China,mainly including the problems existing in its application,such as the lack of provisions for negligence in subjective elements,the lack of relevant provisions for free food,etc.,and the problems existing in the provisions for punitive damages;In the fourth part,aiming at the problems existing in the punitive compensation system of food safety,based on the protection of the rights and interests of consumers and the balanced development of the food safety market,it puts forward feasible suggestions for improvement,and expounds the application of improving the consumer protection mechanism and collective action,aiming to make the punitive compensation system of food safety better applicable through a more comprehensive system design And development.