Empirical Study On The Application Of Punitive Compensation In Food Labeling Disputes

The Food Safety Law was revised and formally came into effect in 2015.The new Food Safety Law was revised to a large extent on the basis of the original law.The most discussed amendment is the article 148 on punitive damages,which focuses on improving the intensity of penalty compensation applicable to food labeling disputes.Through the search of websites such as the Judicial Document Network and Peking University,the number of food label dispute cases increased rapidly.The main reason for consumer claims is that the labels do not meet food safety standards.In order to make the application of China’s laws more in line with the changing actual situation,Article 148 of the Food Safety Law provides a way to resolve disputes over food labeling.But,by studying the food labels apply punitive damages disputes similar case can be found,often at the trial court to dispute focus understanding and recognition,the reason for this is that the judge know the conditions of food labels apply punitive compensation disputes,such as "know the fake fake" the consumer identity recognition,distribution of burden of proof,the operator of "knowing" subjective state recognition,is to judge the problem such as the cognizance of the food safety standards have different understanding.This paper,by using the method of empirical research on the selection of the 100 food labels apply punitive damages disputes the decisions of the samples were analyzed,and found in the identity of consumers and business operators "knowingly",food safety standards,identifying and misleading aspects exist certain differences,on the basis of summarizing the problems that exist in the judicial practice,and puts forward Suggestions in view of the problem.This paper mainly consists of four chapters:The first chapter is the introduction.This chapter explains the background and significance of empirical research on the application of punitive damages in food label disputes,and collects,reads and sorts out relevant literature on the application of punitive damages in food label disputes.And the research methods,research ideas and possible innovation points are briefly introduced.The second chapter is an empirical study on the application of punitive damages in food label disputes.This chapter selects 100 sample judgments of punitive damages applicable to food label disputes,and analyzes them with the method of empirical analysis,summarizes the reasons why the court supports the punitive damages of ten times the price and the reasons why it does not,and summarizes the problems existing in judicial trials.The third chapter analyzes the application of punitive compensation for food label disputes.The content of this chapter mainly focuses on the problems found through the analysis of 100 sample judgments: the identification of consumers who "know fake to buy fake",whether they meet the food safety standards,the distribution of the burden of proof and whether they mislead consumers.Chapter four: Suggestions on the application of punitive compensation for food label disputes.On the basis of summarizing the problems and analyzing the problems above,this chapter puts forward practical suggestions for the problems existing in judicial application,hoping to provide help for the theoretical development and judicial practice of the application of punitive damages in food labeling disputes,and provide a more perfect legal guarantee for China’s food safety.