Research On Punitive Damages System In Food Safety Civil Public Interest Litigation

"The people take food as the day,and the food takes peace as the first ".As a necessity for the daily consumption of the public,food is a special industrial product with experience attribute.It is directly related to the health and safety,and a direct embodiment of social stability and development.More related to the future of the Chinese nation.However,the vicious cases of food safety occur,and food safety has become the focus of public attention.In the face of social public problems such as food safety,our country mainly adopts the strategy of "two-pronged approach ",that is,through the dual path of administrative regulation and judicial trial to play the effect of risk control.China has a precedent of using administrative regulation to make up for food safety problems caused by market failure,but practice shows that administrative regulation has some problems such as incoherence,undemocratic and inefficiency in solving food safety problems.In this context,judicial channels have gradually been recognized,article148 of the Food Safety Law and article 55 of the Consumer Rights and interests Protection Law establish the legal basis for private prosecution of punitive damages,but in the face of large-scale consumer rights and interests of vicious cases,private prosecution of punitive damages is difficult to curb the occurrence of such cases.With the promotion of public interest litigation,the voice of introducing punitive damages into public interest litigation appears in the field of food safety.However,in judicial practice,the conditions and standards of applying punitive damages in public interest litigation are difficult to unify,and similar cases have different or even completely opposite judgments.It is true that the application of punitive damages in civil public interest litigation in our country has just started,both in practice and in the aspect of system construction,there are many problems,which have encountered great resistance in the process of implementation.This paper begins with the concept and theoretical proof of punitive damages in civil public interest litigation of food safety.Through the elaboration of relevant concepts and theoretical basis,it provides a theoretical basis for the implementation of the system.Secondly,starting from two aspects,one is the legislation and judicial status of punitive damages in civil public interest litigation for food safety.This paper introduces the development of punitive damages in civil public interest litigation at home and abroad.Thirdly,this paper studies what problems exist in the application of punitive damages in civil public interest litigation,and discusses the reasons of their existence from different angles,which is the center of the paper and the root of solving the problem.Finally,starting with the basic idea of clear system reform and aiming at the specific problems existing in judicial practice,this paper puts forward some concrete suggestions for reforming the application of punitive damages in civil public interest litigation of food safety.In order to better promote the food safety field civil public interest litigation and punitive damages system link process.