Study On The System Of "Ten Times Of Compensations" In Food Safety Law

The first case of quality and safety of food packaging has been widespreadly concerned in the community, and the decision of"ten times of compensations"is one of the highlights. In the advancement of punitive compensation system of our country, which the system of"ten times of compensations"is established in"Food Safety Law"is a milestone significance event. And it has the fundamental research significance and the practical significance extremely. In this case, however, we can find problems of the system of"ten times of compensations"of the application and the function barrier. In view of the two aspects' questions, this paper divides into three parts to launch the elaboration:The first part: The first case of the consumer's rights of food packaging quality and safety and problems reflected. This part gives the detail of the case, and thus introduces the theme of this paper, that is, discusses related issues from the legal view point.The second part: The view in the eye of law on several key issues of the first case of the consumer's rights of food packaging quality and safety. Mainly on two areas for analysis, which obtains the problems of application and the function barrier. In the application, the main compensation for the applicability of times disposable lunch boxes for the main body of the problem, the problem of calculating compensation for the problems in three aspects were analyzed. In function, mainly from the compensation, penalty function, check functional and educational functions of the four aspects of the analysis.The third part:Countermeasures to complete legislations on the system of"ten times of compensations". According to second part to the question analysis, this part proposed the corresponding countermeasure:Firstly, the start mechanism is strictly defined;secondly, appearing"ten times of compensations"the system judicial interpretation, the consummation is suitable the detail;Three, perfect indemnity computational method.