| Civil public interest litigation in the field of food is a system established by the state in the face of large-scale and decentralized food consumption disputes in modern society.Different from private interest litigation,safeguarding personal interests is its main purpose.The protection of consumer public interest by civil public interest litigation in the field of food should not be limited to the injunctive right to stop illegal business acts as defined in the current judicial interpretation,but also include punitive compensation claims,which reflects the compensation for the damage to consumer public interests caused by illegal acts and the deterrence and deterrence of similar acts in the future.However,there are still many doubts about the application of punitive damages in civil public interest litigation in the field of food in the academic and judicial circles.Punitive damages and the civil public interest litigation system in the field of food show a combination trend,and the combination of the two has theoretical legitimacy.However,through the existing judicial cases in China,the punitive damages system still faces many difficulties in the application of civil public interest litigation in the field of food.The cognitive differences on civil public interest litigation in the field of food lead to the fact that China’s existing legal system does not explicitly include civil public interest litigation in the field of food into the scope of punitive damages.The privatization of civil public interest litigation in the field of food makes it difficult to determine the amount of public damage.The lack of supporting measures makes the public interest punitive damages face regulatory problems.In this regard,to solve the difficulty of punitive damages in civil public interest litigation in the field of food,we first need to clarify the subjective and objective elements of the application of the system.Only when the illegal operation causes damage to the public interest of consumption,the system is necessary to apply.Secondly,the basis of punitive compensation claim of the subject of civil public interest litigation in the field of food needs to be further clarified in legislation to create a new punitive compensation right in public interest litigation.Moreover,by clarifying the scope of consumption public welfare damage,determining that the punitive damages for public welfare take illegal profits as the accounting benchmark,and clarifying the consideration factors of punishment multiple,so as to clarify the boundary between public welfare litigation and private interest litigation.Finally,build a perfect public welfare punitive damages supporting mechanism to ensure the maximum effectiveness of the punitive damages system in civil public welfare litigation in the field of food,and maintain a fair and orderly consumer market economic order. |
