Research On The Judicial Application Of Punitive Damages For Food Tort

Food is the priority of the people,and food is the priority of safety.The punitive damages system in the Food Safety Law(hereinafter referred to as the "Food Safety Law")has become a household name.The establishment of this system has indeed curbed unlawful production and operation behaviors and safeguarded food safety to a certain extent,but examining the food tort lawsuits in the past three years,it is found that the judicial chaos of different judgments in the same case is commonplace.In this context,an in-depth study of the problems in the judicial application of punitive damages for food tort in China,so as to achieve the institutional function of punishing illegal business and protecting consumers’ rights and interests.In addition to the introduction,this article is divided into four parts.The first part is a basic overview of the punitive damages system for food tort.On the basis of defining the basic concepts of the system,the legislation related to punitive damages is organized in a chronological sequence,and then the constituent elements of the system are analyzed.In the second part,the judicial application of the system is examined,firstly,the judgments of the last three years are retrieved,and then the judicial overview of the system is summarized from four aspects,namely,the types of plaintiffs and defendants,the causes of action,the controversial contents of the cases and the final judgments,and finally,the effectiveness of the implementation of the system at the present stage is evaluated.The third part is to sort out the current problems in the judicial application of the system in China,firstly,in the understanding of the law,mainly in the interpretation of the food operators "knowingly" and the inadequate understanding of the proviso of Article 148 of the Food Safety Law.Secondly,in terms of the conditions of application,there is a lack of uniformity in compensation for multiple purchases of problematic food,inconsistent judicial review of food safety standards,and controversy over the elements of actual damage in food consumption;finally,in terms of compensation standards,there is a lack of clarity in the provision of compensation based on the loss after consumption,insufficient compensation based on the price of food,and rigidity in the calculation of existing punitive damages.In the fourth part,the problems raised in the third part are discussed in terms of the understanding of the law,the conditions of application and the standard of compensation,so that the court can form an accurate understanding and uniform judgment when hearing such cases,thus promoting the system to achieve its proper value and function and producing good legal and social effects.