Research On The Application Of Punitive Damages System In Food Labeling Disputes

The punitive damages system,as a system that combines the functions of punishment and incentives,has received constant attention in legislation in recent years,and the "Civil Code" passed in 2020 has also included the system of punitive damages.The "Food Safety Law" implemented in 2015 was revised on the original basis,revised the amount of punitive damages,and added a "province" clause specifically for the many food labeling disputes in practice.The release of this clause is a response The disputes existing in the past judicial practice have played a good effect on the application of punitive damages.However,due to the vague provisions of the "province" and the imperfect system construction,it still brings certain difficulties to judicial application,and even leads to the occurrence of different judgments in the same case.Therefore,the punitive damages system cannot be fully utilized.Punishment and prevention functions.The Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Laws in the Trial of Food Safety Civil Dispute Cases issued in 2020(1)responded to some of the problems,but did not completely solve the difficulties in application.By comparing the judgments of 125 food labeling cases,it is found that similar cases have very different judgments and judgments in different courts.The reason is that the judges’ opinions on the 140 th of the Food Safety Law There are different opinions in the understanding of Article 18.These problems have caused the difficulty and poor application effect of punitive damages in food labeling cases.This article sorts out basic concepts and analyzes judicial cases,then compares the main points of the adjudication and puts forward the main problems faced in current judicial practice,and finally puts forward targeted and feasible suggestions.The content is divided into five parts.The first part is the introduction,which mainly introduces the topic selection and topic background of this article.The second part is mainly to explain the basic concepts and theoretical basis of food labeling and punitive damages system,combing and analyzing the current application status of my country’s punitive damages system in food labeling disputes.The third part mainly introduces the basic case overview of the judgment documents selected after the collection,shows the content of the judgment documents,and reflects the current trend of judgments.At the same time,combined with judicial practice,summarize the main problems and disputes existing in judicial application.These issues and disputes mainly include the difficulty in identifying the elements of knowledge,the different principles of identifying food safety standards,the difficulty in identifying the exclusion clauses of food labeling defects,the excessive burden of proof by consumers,and the unreasonable amount of punitive damages.These reasons have damaged the fairness of justice to a certain extent,led to the occurrence of different judgments in the same case,and were also not conducive to giving full play to the enthusiasm of consumers to safeguard their own legitimate rights and interests.The fourth part is to put forward suggestions to solve the problem.Through summary analysis and research on legal theory,specific solutions have been proposed,such as clarifying concepts,establishing food safety standards,correct understanding of food labeling defect exclusion clauses,reasonable allocation of burden of proof,and comprehensive determination of punitive damages.The fifth part is the conclusion.The conclusion is mainly to summarize the theme and content of this article.