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

Punitive compensation can play an effective role in sanctioning illegal food safety operators and deterring and preventing possible illegal food acts.The primary goal of food safety civil public interest litigation is to stop and prevent illegal and criminal acts endangering food safety,so as to avoid causing damage to consumers.Therefore,introducing the punitive damages system into the field of food safety public interest litigation can better achieve the institutional goal of public interest litigation to safeguard the social public interest,and the two have the same objective function.However,in practice,there are some disputes over the application of punitive damages in food safety public interest litigation.In the absence of clear legislative empowerment at the present stage,there is considerable resistance to the promotion and implementation of this system.Chapter one introduces the background of the topic selection and research significance.By studying the current research results at home and abroad,it tries to use comparative analysis,case argument,literature research and other methods to study the status of the application of punitive compensation in Chinese food safety public interest litigation,find out the existing problems in the system and try to analyze the causes of the problems,and put forward countermeasures and suggestions.The second chapter focuses on the concept of food safety public interest litigation and punitive compensation,and makes clear the characteristics of the punitive compensation system of food safety public interest litigation,namely public interest,limited and punitive.By analyzing the establishment process of punitive compensation system and the development process of public interest litigation system in the field of food,the theoretical value and practical role of punitive compensation in food safety public interest litigation is determined.The third chapter,through the analysis of the judgment of relevant judicial practice cases in recent years,concludes that at the present stage,the punitive compensation system for food safety public interest litigation has unclear conditions for the application of litigation,prosecutation-oriented litigation procedures,the calculation method of punitive damages is not uniform,the nature of the punitive damages is unclear,and the fund management is confused.By combining with specific cases,the causes of the problems are analyzed one by one.The fourth chapter puts forward feasible suggestions on the application of punitive damages in food safety public interest litigation based on the current practical work related to food safety.If the scope of application of public interest litigation in this field is clarified,it is necessary not only to avoid too wide a range of strikes caused by the generalization of application,but also to protect the enthusiasm of suitable subjects to safeguard public interests and avoid the suspension of the system.Standardizing civil public interest litigation procedures attached to criminal cases,facing up to the causes of public interest litigation status quo,formulating clear procedures to ensure defendants’ right to Sue by standardizing the positioning of public prosecutors and public interest litigants of procuratorial organs;Clarify the calculation base of punitive damages and the judgment standard of punishment multiple,determine the discretion consideration factors and the scope of discretion,so that courts at all levels have a clear basis for reference in judicial practice;Clarify the nature and ownership of punitive damages,make clear the boundary between administrative fines and criminal fines,and determine the scope of application of discretionary circumstances such as mitigation;Establish a scientific and perfect management mechanism for punitive damages,introduce a prescription system to regulate the efficiency of fund use,and establish a fund management model with consumer associations at all levels as the main body of fund management and procuratorial organs and supervisory organs at all levels exercising their supervisory power according to law.