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

In recent years,with the development of civil public interest litigations on food safety,there has been an increasingly heated discussion about whether the procuratorial organs and consumer associations can claim punitive damages in this field.The most important reason is the absence of punitive compensation in the current system of civil public interest litigations regarding food safety.Analysis of the reasons for the absence of punitive damages in the legislation shows that this is mainly attributed to the theoretical obstacles in the dual division of traditional public law and private law in China,the obstacles between punitive damages and “homogeneous compensation” in civil damages,and punishment for offenders excessive conceptual barriers.However,from the perspective of necessity and feasibility,there exit internal theoretical justification between punitive damages and civil public interest litigations regarding food safety.Changes in the content and scope of punitive damages have led to the development of socialized public interest attributes,and the deterrent compensation functions of civil public interest litigations regarding food safety are consistent with the positioning of punitive damages.In addition,the current administrative liability and the limited nature of criminal punishment,making it especially necessary to introduce and apply the punitive damages system in the field of civil public interest litigations regarding food safety.The existing system foundation and judicial practice both inside and outside the current territory also provide the feasibility for the application of punitive damages.It is based on the theoretical basis of necessity and feasibility inquiry that this thesis advocates the establishment of the punitive damages system in civil public interest litigations regarding food safety,which is specifically starts from four aspects: legislation grants Procuratorial organs and related organizations represented by the Consumers Association the qualifications for litigation;legislation determines the scope and constituent conditions of public welfare damage to which punitive damages apply;legislation clarifies that the calculation method is based on the sales,and determines the calculation standard and penalty coefficient combining comprehensive factors;finally,legislation regulates the attribution and management of damages.