On The Field Of Food Safety In The System Of Punitive Damages

On the eve of the convening of the National People’s Congress and CPPCC in2013, central and local media have carried out a public opinion survey of the peoplemost concerned about livelihood issues. Have been released poll results show: foodsafety issues is still one of the people most concerned about livelihood issues, foodsafety issues during the two sessions of the representatives are a hot topic, we can seethat food safety is very important.At present, China has formulated a number of laws and regulations related tofood safety, including "Food Safety Law" Article96establishes the responsibility forfood safety in punitive damages played a positive role in safeguarding the interests ofconsumers in China. However, since the Act was first introduced in punitive damagessystem, so there is not strict enough to lead to a number of problems in the judicialpractice, the punitive damages system did not play its due role in the field of foodsafety, As for the running of the Act, is still frequent occurrence of food safetyincidents. Therefore, it is necessary to research from the theoretical level of punitivedamages system, and to look at the punitive damages system operation in the field offood safety in China, to analyze the problems of the punitive damages system inChina’s food safety law, and then put forward recommendations to improve punitivedamages in China’s food safety law.The paper consists of four parts, the first section describes the main function of ageneral theory of punitive damages and its application in the field of food safety. Thesecond part, I’ve done a detailed analysis of punitive damages in the current "FoodSafety Law". In the third part, by analyzing the current situation of China’s food safetylaw punitive damages system, pointed out the flaws and shortcomings of our currentfood safety law punitive damages system. The fourth part is to put forward somesuggestions on the improvement of the system of punitive damages in the field offood safety in China. I hope that the structure of this paper is able to arouse theenthusiasm of the theoretical circles. Also hope that my paper can cause the attention of the legislators to modify China’s current "Food Safety Law". Hope that punitivedamages can play a positive social function in the judicial practice in the field of foodsafety.