On The Punitive Compensation System Of "Food Safety Law"

Food holds the supreme for individuals,of which safety holds the paramount priority.With the economic and social elaboration,the conundrum of famine has been unraveled,whereas,food safety issues have been gathering increasing attention by the authorities and the public.In the context of the "social co-governance" and "severe decrees",the "People's Republic of China Food Safety Law"(hereinafter referred to as the "Food Safety Law")was revised and implemented on October 1,2015.Among them,the most striking one is that Article 148 of the Law has more explicit and specific provisions on the punitive damages system.Since the implementation of the new law more than two years ago,it has played an important role in improving China's severe food safety situation,cracking down on illegal food producers and operators,and purifying the food market environment.Simultaneously,it gives consumers more choices for rights protection.However,in the course of practice,the punitive damages system in the new "Food Safety Law" is still incomplete.The purpose of this paper is to analyze the legislative value of the punitive damages system embodied in Article 148 of the "Food Safety Law",the legal effects it has played in judicial practice,the occupational anti-counterfeiting "suddenly appears" to use this article for speculation and the aspects that need to be improved.This article will correspondingly aim to rethink the punitive damages system of the Food Safety Law.This article is divided into the following four chapters.The main content and basic viewpoints are as follows:Chapter 1,The overview of Punitive Compensation System in the Food Safety Law.This chapter briefly introduces the concept of punitive damages,punitive damages of food safety and the legislative status quo and relevant standards of the punitive damages system of China's Food Safety Law.Chapter 2,The analyses on the system value of introducing punitive damages in the Food Safety Law.This chapter starts with the punitive damages to the punitive function,shocking function and the consumer's compensatory function of the operator,from the following three aspects: institutional real-world needs,highlighting legal values,and optimizing rights protection,analyzes the necessity of introducing a punitive damages system in the field of food safety in both functional and necessary aspects.Chapter 3,The actuality and existing problems of punitive damages system in Food Safety Law.Starting from the status quo of the legislation on the punitive damages system in the "Food Safety Law" and combining practical work,the problems in the following four aspects are summed up in this chapter,which are acts that do not meet the "Food Safety Standards" are difficult to delimit,leading to a chaos of "professional anti-counterfeiting",no specific provision for free foods and the use of compensation instead of punishment is against the purpose of legislation.Chapter 4,The reflections on improving punitive damages system.In consideration of the foregoing,the punitive damages system was rethought from the following four aspects: first,to further improve the food safety standards;second,the fraudulent purchasers cannot generally become the subject of rights;and third,the donated foods should be contained in punitive damages system;Fourth,drawing lessons from existing legislative experience in foreign countries to determine the amount of flexible compensation,in order to maximize the role of punitive damages and achieve the legislation purpose of ensuring food safety.