On the Liability Punitive in the Food Safety Law
Fan Wang
Abstract
Fan Wang
Abstract
Punitive liability regime can play functions of compensation discipline,deterrence in the area of food safety.Punitive liability set in Law on Protection of Consumer Rights and Interests still has space to play its role in the field of food consumption.The provision in Food Safety Law that law-breakers are responsible only for food which don't reach food safety criterion goes against consumers' protection and violaters'punishment.The compensation standard set in Food Safety Law is so low that the functions of punitive damages cannot be on the full play.We should adopt comprehensive standard in consideration of concrete situations,in stead of fixed amount of ten times of food price.
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Punitive liability regime can play functions of compensation discipline,deterrence in the area of food safety.Punitive liability set in Law on Protection of Consumer Rights and Interests still has space to play its role in the field of food consumption.The provision in Food Safety Law that law-breakers are responsible only for food which don't reach food safety criterion goes against consumers' protection and violaters'punishment.The compensation standard set in Food Safety Law is so low that the functions of punitive damages cannot be on the full play.We should adopt comprehensive standard in consideration of concrete situations,in stead of fixed amount of ten times of food price.
Key concepts: Punitive damages, Liability, Strict liability, Business, Punishment (psychology), Deterrence (psychology), Food safety, Tort