食品侵权责任惩罚性赔偿制度修改建议——对《食品安全法》第96条第2款的立法分析

Amendment Proposals about Food Tort Liability Punitive Damages System——Legislative Analysis of Paragraph 2 of Article 96 of “Food Safety Law”

2009年中国首部《食品安全法》的出台将我国食品从"卫生"标准上升到"安全"标准的高度,确立了较完善的制度体系,其中的惩罚性赔偿无疑是这部法律中较为成功的制度设计.指出《食品安全法》中的惩罚性赔偿制度的立法尚存在一些问题,导致实践中出现困境.提出《食品安全法》的修改,应科学确定惩罚性赔偿范围标准,设定赔偿数额的浮动限额,规定最低赔偿数额,注意制度之间的衔接,从而在立法上保证其在制度体系上的科学性和合理性,实践上保证其功能能够得以发挥.

The China＇s first ＂food safety law＂ was released in 2009, which improved our country＇s food standard from ＂health＂ to ＂safety＂ and established the scientific legal system. It is no doubt that the part of punitive damages is the more successful system design in the law. However, the system of punitive damages in the food safety legislation still has some problems, leading to difficulties in practice. In the new revision of ＂food safety law＂ , the scope Of punitive damages should be scientifically determined and the amount of compensation of floating limits should be set . Moreover, the minimum amount of compensation should be determined and attentions should be paid to the cohesion between systems. The solutions of these problems can guarantee its scientificity and rationality in the legislation and its function in practice.