Research On Food Safety Punitive Compensation System

Food safety is related to the life and health of all people.In response to frequent outbreaks of food safety problems,China has established a punitive compensation system in the field of food safety.The nature of punitive damages is that the victim receives more than his own loss.The function of punitive damages is to punish,restrain and compensate.In the field of food safety,the application of punitive damages system,on the one hand,to comply with the rapid development of the social economy;On the other hand,protect the legitimate rights and interests of consumers and create a good market atmosphere for them.It can be seen that the application of food safety punitive compensation system has many advantages,but in the application process,also slowly show some shortcomings.There are a series of problems such as the chaos of professional anti-counterfeit,the different judgment standard,the unreasonable burden of proof and the inelastic standard of punitive damages in applying the system.This paper points out the concepts of food safety and punitive damages by analyzing the relevant theoretical problems of food safety punitive damages.This paper analyzes the legislation status of food safety punitive compensation system from three aspects: main body,compensation liability and relevant laws.On this basis,based on the analysis of the American and German punitive damages system,the author summarizes the experience and extracts the essence,and draws lessons from the relatively perfect German food safety supervision and management and the American punitive damages system.In view of the frequent occurrence of occupational anti-counterfeit disorder,while standardizing the identification of occupational anti-counterfeit persons,this paper proposes to fundamentally reduce the occurrence of such phenomenon by innovating the way of protecting the rights and interests of consumers.In view of the food label defects,combined with the provisions of proviso in the food safety law,on the one hand,it is nece ssary to identify food label defects,on the other hand,it is necessary to specify the punishment circumstances of food label defects.In view of the unreasonable phenomenon of the present burden of proof,it is suggested to clarify the subjective elements of the punitive compensation system for food safety and reasonably allocate the burden of proof.To improve the compensation system,it is suggested that on the basis of setting the upper and lower limits of punitive damages,the inherent calculation sta ndard should be changed,and the floating compensation standard should be set.On the basis of the national conditions of our country,some Suggestions are put forward in these aspects to make it better play the function of punitive damages and realize the original intention of the legislator.