Abstract：In the current situation, safety problems of food and drug are prominent. Consumers are reluctant to file lawsuits for compensation. Some places begin to grant consumer associations and procuratorial organs the right to file punitive damages in public interest lawsuits. However, in the field of food and drug safety, there are still legislative confusions in which consumer associations and procuratorial organs file punitive damages in public interest lawsuits. Whether they have the subject qualification to file punitive damages in public interest litigation, how to determine the amount of damages, whether punitive damages can be offset with criminal fines and administrative fines, and how to manage punitive damages are all the problems. It is necessary to further clarify the subject qualification of consumer associations and procuratorial organs to bring punitive damages in civil public interest litigation, and determine the recognition, attribution and management of compensation amount. Therefore, we can learn from foreign systems that have tended to be perfect, and summarize the problems in the light of our national conditions.
In the field of food and drug safety, punitive damages in civil public interest litigation have the effects of compensation, deterrence and sanctions. The recognition of the amount of punitive damages should be based on the legal multiple compensation and considerations of the subjective fault of the illegal actor, the damage caused and the profit from the illegal gains. In addition, the economic affordability of the wrongdoer should be considered. The punitive damages of public interest litigation should follow the principle of moderation, and the standards of punitive damages should be scientific and reasonable. Punitive damages and administrative fines and criminal fines cannot be applied at the same time after all. To follow the principle of no penalty for one thing, the calculation of punitive damages, criminal fines or administrative fines should be deducted. Adhering to the principle that administrative fines, criminal fines and punitive damages can be offset not only reflects the protection of social public interests but also reflects the principle of proportionality, and takes into account the protection of the defendant.
It is difficult for the management and use of punitive damages to achieve its public welfare and neutrality by relying on any department, so it is most appropriate to use and manage the remaining damages by establishing an independent compensation fund for public interest litigation. We need to strengthen the top-level design. With the application of punitive damages in public interest litigation in practice, it can not only deter the illegal actors but also curb the illegal actors and further to realize the protection of social public interests in our country. In short, through the implementation of civil public interest litigation system of food and drug safety, it not only helps to enhance the sense of happiness and security of the people, but also enhance the credibility of the government and promote the harmonious and stable development of society effectively.
郭雪慧. 食品药品安全民事公益诉讼的惩罚性赔偿制度研究 [J]. 浙江大学学报(人文社会科学版), 0, (): 1-.
Guo Xuehui. A Study of the Punitive Compensation System of Food and Drug Safety in Civil Public Interest Litigation. JOURNAL OF ZHEJIANG UNIVERSITY, 0, (): 1-.
