Liang you shipin ke-ji (Mar 2022)

Analysis on Punitive Damages System of Food Safety

  • LIU Hui-ming,
  • ZHANG Qian-wen

DOI
https://doi.org/10.16210/j.cnki.1007-7561.2022.02.019
Journal volume & issue
Vol. 30, no. 2
pp. 161 – 166

Abstract

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Food safety is closely related to life and health, and the issues of food safety are related to people’s livelihood plan. Although the legal system of food safety in China has been gradually improved and the system of punitive damages has been established, it is not yet complete. The food safety punitive damages system defects and future improvement of the path are discussed in this article. This paper clarifies the nature and function of the punitive damages system for food safety, and discusses several key problems existing in this system. At present, there are some problems in the punitive compensation system of food safety in China, such as the unclear definition of the concept of the subjective elements, the unreasonable setting of the compensation amount, and the unclear subject status. As a result, there is no unified standard in judicial practice, and there are many phenomena of different judgments in the same case, which affects the function of this system. Therefore, this paper discusses the way to improve the punitive damages system of food safety as well as analyzes the system defects, proposes three main corresponding recommendations.

Keywords