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近年来,食品安全问题层出不穷,损害了我国经济与社会利益,影响了社会发展及稳定。《中华人民共和国食品安全法》的出台,使食品安全的保障有了坚实的法律依据,并且将惩罚性赔偿引入立法,提高了对消费者受不安全食品侵权的保护。然而细究我国的惩罚性赔偿责任可知尚与美国等发达国家相关法律规范有较大差距,本文评析了我国食品安全领域现行的惩罚性赔偿责任,提出惩罚性赔偿责任的规范选择及其适应与修正。
In recent years, the issue of food safety has emerged in an endless stream, undermining the economic and social interests of our country and affecting the social development and stability. The promulgation of the “Food Safety Law of the People's Republic of China” has provided a solid legal basis for the protection of food safety and introduced punitive damages into legislation, which has raised the protection of consumer infringement caused by unsafe food. However, a careful study of China's punitive damages shows that there is still a long way to go before the relevant legal norms in the developed countries such as the United States. This article reviews the current punitive damages in the field of food safety in China, proposes a normative choice of punishment liability and its adaptation and correction .