Food Safety Law in the punitive damages system can contribute to protect the safety of food, but also to some extent the rights of consumers to mobilize the enthusiasm. However, due to the specific com-pensation standards are not clearly identified, reasonable compensation for the base, consumer difficulties of proof, the practice of life, and no sustained high consumer rights, rights of way is still very difficult, can not effectively achieve the legislative mind. Therefore, we should be further improved with the national situation in order to realize the legislative mind.