| In order to regulate the market order and punish unscrupulous businesses, the discussion on punitive damages in the field of food safety has become increasingly hot. As an important system to motivate consumers to protect their rights, punish those who violate the Food Safety Law, and deter potential actors, my country′s laws and regulations on punitive damages are constantly being revised and improved. However, even with the continuous improvement of legal provisions, there are still many controversial issues to be resolved in practice, including four categories: the litigious qualifications of those who know fakes and buy fakes, the precondition for actual losses, the burden of proof of the operator′s subjective requirements, and the identification of label defects. For these four types of disputes, clear conclusions should be given in judicial interpretations for practical reference. In this regard, it should be affirmed that the person who knew the fake and bought the fake is eligible to request punitive damages, and the actual loss should not be regarded as the precondition for the establishment of punitive damages. Also, it is presumed that the operator knew, and established the identification standards of "label defect". Only in this way can the function of punitive damages be fully guaranteed and the normal operation of the market mechanism be ensured. |