Research On The Application Of Punitive Compensation System In The Food Safety Law

Since the implementation of the new Food Safety Law,it has played an important role in cracking down on illegal acts of food producers and operators and ensuring food safety.The punitive damages system stipulated in Article 148 of the Food Safety Law has been widely used in practice.However,when observing the operation of the system,it is found that there are still certain problems in the specific application of the punitive damages system.In this context,in-depth analysis and research The existing problems of punitive damages for food safety in our country help our country to establish a complete food safety legal system to punish illegal businesses and protect the rights and interests of consumers.The first chapter is about the issue.By analyzing three specific cases and summarizing the common problems of the cases,it is found that the focus of the judgment of the punitive damages system is mainly on the identification of the person who bought the fake,the operator’s well-known judgment,and the non-conformity of the food.Safety standards and the understanding and application of the proviso,whether the actual loss is an imputation requirement,etc.Chapter Two discusses the scope of the subject of punitive damages.It mainly discusses the concept of consumers,the different viewpoints of the academic circles and judicial practice on the identification of fake buyers,and distinguishes the behaviors of fake buyers from the perspective of legal function to determine their identity.Chapter Three discusses the applicable conditions of punitive damages,mainly from the knowledge of interpretation,the understanding of non-compliance with food safety standards,and the application of the "Provisions" clauses.For the operator’s knowledge,the method of literal interpretation should be adopted to interpret its meaning as knowing or ought to know,that is,this system can be applied when the operator’s subjective state is intentional or gross negligence.The key to judging whether punitive damages can be applied is to determine the food safety standards applicable to food.System interpretation should be used to determine the meaning of food safety standards,which is not limited to the scope of food safety referred to in Article 150 of the Food Safety Law.It is a comprehensive and comprehensive control standard,adopting the principle of formal review and respecting the professional judgment of the administrative agency.Then discuss the understanding and application of the two limiting conditions of the "province" clause,and clarify the specific circumstances under which the defect exclusion clause is applicable.The fourth chapter is to study whether the actual loss is a constituent element of the punitive damages system.The author discusses the status of actual losses in the system around different theories and opinions of judges,determines the scope of actual losses,and clarifies that actual losses should be taken as the constituent elements of the system.