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《Tianjin Legal Science》 2010-01
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The Explanation of Punitive Damages in China's Food Safety Law

WANG Ji-lin(Law School,Tianjin University of Science and Technology,Tianjin 300222,China)  
"Retreat one indemnity 10" is the misunderstanding of the punitive damages in China's food safety law.The foundation legal relationship of punitive damages in China's food safety law is the product liability,the objective element is that the acts of the food producers or traders apply to the composition of elements in line with product liability,the subjective element of the food producers or traders is that they have intention.In case that the food producers or traders have intention,they should bear the joint liability to punitive damages.Once the Tort Law of the People's Republic of China comes into force,we should modify article 96 of food safety law,and amend the amount of compensation according to a multiple of compensatory damages for compensation.
【CateGory Index】: D922.16;D923.8
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