自从我国引进惩罚性赔偿制度之后,学界争议不断,从《消费者权益保护法》第49条的双倍赔偿跳转到《食品安全法》第96条第2款的十倍赔偿,人们更多的是关注理论上的研究,缺乏司法实践上的探索。笔者拟从《食品安全法》第96条第2款司法实践情况入手,以察看惩罚性赔偿是否真正起到立法者当初立法时预想达到的效果。同时,笔者也希望通过对司法现状的研究,从 Since the introduction of punitive damages system in our country, there have been many controversies in academia. From the double compensation of Article 49 of the Law on the Protection of the Rights and Interests of Consumers to the compensation of ten times of Article 96 (2) of the Food Safety Law, more people Is concerned about the theoretical research, the lack of exploration of judicial practice. I intend to “Food Safety Law,” Article 96, paragraph 2 of the judicial practice to see whether the punitive damages really played the legislator originally intended legislation to achieve the desired effect. At the same time, I also hope that through the study of the status quo of justice, from