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我国《食品安全法》第96条确立了“十倍赔偿”这一惩罚性赔偿制度,体现了实质公平、社会本位的经济法理念,系经济法法律责任。在简要分析了该条的实现机制后,进一步提出了完善方案:扩大权利主体,支持职业打假人的索赔;赔偿金额设计上突破单一赔偿数额限制、采取弹性计算方式分情形赔偿。
Article 96 of the “Food Safety Law of the People’s Republic of China” has established the punitive compensation system of “ten times of compensation”, embodies the concept of economic law that is substantially fair and socially based, and is the legal responsibility of economic law. After a brief analysis of the realization mechanism of the article, further improvement measures are proposed: expanding the subjects of rights and supporting the claims of professional counterfeiters; the compensation amount is designed to break the limit of the single compensation amount, and the flexible calculation method is adopted to compensate for the damages.