Research On The Application Of Punitive Damages In Food Safety Procuratorial Civil Public Interest Litigation

Punitive damages can effectively play the role of sanctions against illegal food producers and operators as well as deterrence and prevention of potential illegal food producers and operators.The primary goal of civil public interest litigation of food safety inspection is to prevent and prevent illegal and criminal acts that endanger food safety,so as to avoid infringement on the majority of unspecified consumers.Therefore,the introduction of punitive compensation system into food safety prosecutorial civil public interest litigation can effectively realize the main goal of public interest litigation to safeguard social public interests,and the procuratorial organ with its unique public power status can better ensure the maximum play of litigation efficiency.However,the application of punitive damages in practice is still controversial,not to mention the application of punitive damages in prosecutorial civil public interest litigation,especially in the absence of legislative empowerment,it is difficult to promote the implementation of this system.It is the actual demand of strengthening food safety protection,safeguarding social public interest and social equity,and making up the limitation of punitive compensation in private interest litigation that procuratorial organs put forward in civil public interest litigation in the field of food safety.At the same time,from the legislative intention,since punitive damages can be applied to public interest litigation,and the public interest litigation initiated by the procuratorial organ is only a special subject,it should belong to the scope of application.Through the theoretical discussion on the punitive damages in the procuratorial civil public interest litigation,we can fully prove that the application of the punitive damages system in the procuratorial public interest litigation is not only the perfection of the procuratorial public interest litigation system,but also the exploration of the expansion and application of the punitive damages system.Combined with the current situation of civil public interest litigation filed by procuratorial organs in the field of food safety,this paper makes an in-depth analysis of the difficulties faced,points out the problems such as unclear basis for application,disunity of amount determination,non-standard ownership management and unsmooth connection of responsibility,and puts forward corresponding countermeasures and suggestions: The first is to give the procuratorial organ the subject qualification of applying punitive damages from the legislative level,and at the same time make clear the specific calculation rules of punitive damages;The second is to establish the factors of punitive damages elasticity coefficient from the judicial level,standardize the management and use of punitive damages,and effectively deal with the synergistic relationship with other legal liabilities.