Research On Punitive Damages In The Field Of Food Safety

October 1,2015 China’s newly revised "Food Safety Law" formally implemented on october 1,2015.This law was considered twice and modified three times by the NPC Standing Committee ninth meeting and the twelfth meeting,known as the "history of the most stringent" food safety law.Article 148 of the law of the original punitive damages were was modified to the original "ten times the price" to two compensation standards as "ten times the price" or "loss of three times," meanwhile,it added the terms of minimum compensation limit of 1,000 yuan and the provisions of the down payment responsibility system.But except for these changes,no other punitive damages on the terms.The new "Food Safety Law" on the food inspection,food regulation,legal responsibility and other chapters of the provisions becomes more and more particular and strict,but in real life,food safety incidents happens frequently,food safety risks have not yet been resolved.A large number of food safety incidents makes the Chinese people who always have the idea of advocating food culture "want to eat but not dare to eat," they are not only worried for their own health,but also lost confidence the food safety environment and the government’s administrative supervision,so it’s necessary to Attach importance to the punitive damages system in the food safety law.In this paper,according to the provisions of Article 148 of the Food Safety Law,the basic concepts,functions,values,present situation,existing problems and suggestions of perfection are discussed in four parts.The present situation will be discussed mainly based on the judicial case and practice summary;the existing problems mainly be discussed from four aspects,the application of the subject,the subjective fault,punitive damages and the proceedings;the proposed part of the issue will be closely followed.There is no lack of the authors bold attempt and discussion,such as: punitive damages system does not have a compensatory function,and it should differentiated treatment "know fake buy fake",and it should add a new content to give a negative enumeration to the "living consumption",and it should remove "the price" only retain the "loss" term of this kind of compensation standard,of course,the premise is "compensable loss" to define the scope and so on.Of China belongs to the civil law system,and it’s very cautious to the acceptance and application of punitive damages,punitive damages on the provisions of the system is relatively small,"Food Safety Law" only has one term about it.But the punitive damages system has been a positive attitude gradually integrated into our laws and culture,the future of punitive damages system in China’s food safety field will go how far and deep is unknown,but it still worthy of our expectations.