摘要
Abstract
Revising Food Safety Law 2009 has improved the punitive damages in the context of food infringement in 2015,however,there still exists relevant deficiencies that will be indicated as follows.Firstly,the article 148 is not sensible or scientific to achieve its legislative intent.Secondly,enhancing the internal unity and coordination between the article 148 and other rules is necessary.Thirdly,its application and other restrictions in specific-area damages the rule functions.Thus,the suggested recommendations of designing food punitive damages clause including considering the legislative functions in the context of Food Law,maximizing the integrity,heightening its unity and coordination within the litigation,and strengthening the practical maneuverability.Only then,the punitive damage rules can attaint its established functions,adjust the social relations and restrict the risky trends of food infringements.关键词
食品侵权/惩罚性赔偿/功能/体系协调Key words
food infringement/punitive damage/function/system coordination
