Research On Punitive Damages Responsibility Constitutive Requirements Of Food Safety

Food safety issues involving the immediate interests of the Chinese people, the country attaches great importance to this. Xi general secretary has said that the Chinese government should attach importance to food safety problem, because it’s about people recognition of the government’s ruling ability.18 in the fourth plenary session of the party put forward the food safety in the country under the rule of law should be the important position, in order to promote the progress of the food safety under the rule of law. On the fifth plenary session of the party’s 18 also put forward the important strategic implementation of food safety, food safety as our party and the government of a major people’s livelihood project. On October 1,2015 implementation of the "food safety", one of one of implementation of the "food safety", one of its modified window system of punitive damages liability has become the focus of the public, from past ten times the price of the compensation to the price of three times as much as ten times compensation or damage compensation, at the same time also provides one thousand yuan terms of guaranteed. The terms and conditions of the modification, more help to safeguard the legitimate rights and interests of consumers, stable social order. But the new revision of the "food safety" of punitive damages system modification is not comprehensive, only increased the compensation, in specific apply not to make any changes, so there are still many problems. This article through studies the components of the punitive damages responsibility, food safety in the system of punitive damages liability has specific problems put forward some improvement Suggestions.This paper will be divided into seven parts:the first part, the paper mainly describes the research background and significance, elaborated the related research situation at home and abroad, and a brief introduction to the research methods and ideas of this article. The second part, introduces the food safety, elements punitive damages responsibility is mainly constitute the premise of to the punitive damages responsibility, explain the theoretical controversy, and published in my personal opinion. The third part, mainly summarized the existed problems in the punitive damages responsibility main body important document, and put forward the perfect proposal. The fourth part, the punitive damages responsibility constitute the subjective factor of the existence of the problems were analyzed and discussed, and put forward a perfect suggestion, main proposal to join in their subjective consciousness "gross negligence". The fifth part, the objective requirement of punitive damages liability on the existing problems, mainly studies how to determine and decided that the illegal behavior of producers and sellers, and suggested to fraudulent trading behavior of producers and sellers to apply punitive damages liability system. The sixth part, the main responsibility for food safety punitive damages of causality theory, the existence question, and then put forward some own views. The seventh part, mainly illustrates the punitive damages responsibility constitutive requirements of compensation mechanism, expand the right to apply punitive damages responsibility main body and the food safety law and related legal impeling factors and related problems.