A Study of Punitive Compensation System in The Law of Food Safety——An Evaluation of Article 96 of The Law of Food Safety

The punitive damages system is a compensation system that the compensation of court' judgment is beyond actual compensation,which reflects the placatory,repaying,curbable function and the encouraging function of market transactions for victims.The punitive damages system of The Law of Food Safety has specific characteristics in responsibility constitutions,content and ranges.According to the imperfections of current lawmaking,we shoud confirm the actual damage as punitive compensation on certain basis,and use the money that consumers pay to buy food as the basis of punitive compensation,adopt the American floating quota system to solve the compensation amount times range,apply this punative compensation to the producers who are intently or grossly negligent and establish unified food safety standards system.to perfect the punitive compensation system in The Law of Food Safety.