Analysis on the Application of Punitive Compensation Clauses in the Field of Food Safety

Abstract

It is very important to establish and improve the punitive damages system in the field of food safety. The punitive damages clause is clearly stipulated in the Food Safety Law. In the application of the punitive damages clause in the food safety field, there is a debate on the operator's review obligation, that is, operator's review obligation should be formal or substantive; the theoretical and practical circles have disputes over whether the application of punitive damages requires actual damage, and according to the analysis of the cases finding that the "loss of three times" clause applies less in practice. It is believed that the operator's ability to control food safety is weak, so the operator's review obligation is formal review rather than substantive review. The application of the punitive damages clause does not need to be based on the actual damage and when awarding the amount, the judge is given a certain discretion is recommended. Keywords—punitive damages; form review; actual damage;