Research On The Punitive Compensation Of Edible Agricultural Products

People take food for the sky,and food takes safety first.Like food safety,edible agricultural products are related to people’s life,health and safety,and stable social development.In recent years,the quality and safety problems of edible agricultural products have occurred frequently,with pesticide spraying exceeding the standard and heavy metals exceeding the standard in producing areas,which has led the public to pay more attention to the quality and safety problems of edible agricultural products.The definition of edible agricultural products in China’s Food Safety Law is unclear,and the connection between Food Safety Law and Agricultural Products Quality and Safety Law is unclear,resulting in legislative gaps,which leads consumers to mention that punitive damages for edible agricultural products are awarded differently in the same case.In order to better adjust the quality and safety of edible agricultural products,it is necessary to set up a punitive damages system for edible agricultural products from the realistic demand and system function of punitive damages for edible agricultural products.In the specific path choice,there are three ways of punitive damages for edible agricultural products: first,the edible agricultural products are included in the adjustment of Food Safety Law;Second,the punitive damages system is added to the Agricultural Products Quality and Safety Law;Third,repeal the Agricultural Products Quality and Safety Law and bring it into the Food Safety Law for adjustment.Through the comparison of advantages and disadvantages and the analysis of rationality and feasibility,it is concluded that punitive damages system for edible agricultural products should be added separately in the Law on Quality and Safety of Agricultural Products.In the specific system design,referring to the punitive damages system of Food Safety Law,producers and sellers are included in the punitive damages of edible agricultural products,and professional counterfeiters are supported to file punitive damages of edible agricultural products.Subjectively,the principle of no-fault liability applies to producers,while the principle of fault liability applies to sellers.Objectively,the actual damage is not taken as the premise of punitive damages,and consumers are given the option of price or actual damage multiple compensation in the specific amount,giving local courts certain discretion.