Research On The Application Of Punitive Damages In Civil Public Interest Litigation Of Food Safety

Because of the risk of industrial system manufacturing,all links in the food production process may have risks,which are risky.Therefore,the field of food safety adheres to risk management and pays attention to risk prevention.For this reason,the food safety law of the people's Republic of China stipulates punitive compensation,striving to play the most severe punishment role with the highest punishment multiple.However,the most severe punitive compensation in the history did not achieve the expected legislative effect and did not fully protect food safety.In reality,food safety incidents still occur frequently.Food safety is related to the health and life safety of the unspecified majority of people,and it has the public nature.Public interest litigation has an unparalleled advantage in the relief of public interest,so in recent years,the civil public interest litigation system of food safety has developed rapidly.Food safety civil public interest litigation in the past adhere to the concept of civil relief,in order to fill the damage as the principle,it is difficult to achieve the role of warning and prevention.Public interest litigation and punitive compensation are two tools to achieve the best deterrent.The combination of the two tools can increase the total amount of liability of the offender and solve the problem of "encouraging punishment" in practice.In order to analyze how to apply punitive compensation properly in civil public interest litigation of food safety,we must start from whether it is necessary to apply it,and then analyze the feasibility of its application.Through sorting out the judgment documents of typical cases,we can understand the specific practices of civil public interest litigation of food safety in China,clarify the application of punitive compensation in it,and find out the problems of unclear application basis,unclear application rules,and inadequate coordination between civil,criminal and administrative.To solve these problems,first of all,we should make clear the legal basis and give the plaintiff the independent punitive compensation claim right inpublic interest litigation;in the design of specific application rules,we should follow the applicable principles,determine the base and multiple,ownership and distribution rules of compensation,start from the sales revenue end to determine the base of compensation,and within the maximum limit,the judge should determine the multiple at his discretion,and give full consideration to it The final compensation amount shall be determined after the actual situation;the coordination and cooperation among criminal,administrative and civil aspects of food safety shall be strengthened,and the coordination mechanism of environmental protection and food safety system shall be established.