A Study On Punitive Damages In Civil Public Interest Litigation Attached To Criminal Cases

The issues of food and drug safety are closely related to the immediate interests of the general public and the overall public interests of society.The fundamental purpose of criminal incidental civil public interest litigation is to safeguard the public interests of society,and it has the advantages of improving case handling efficiency and saving judicial resources.The application of punitive damages system in this procedure can effectively sanction offenders and deter illegal activities,in order to achieve the goal of safeguarding the public interests in the field of food and drug safety.Although criminal incidental civil public interest litigation has developed rapidly under the policy background,the specific operation of applying punitive damages system in this procedure is still unclear in practice,and the rules for the overlay of the two systems need to be improved.This paper takes typical cases in the field of food and drug safety as the research object,and focuses on exploring the judicial practice of applying punitive damages system in the criminal incidental civil public interest litigation procedure.It finds that there are problems such as incomplete legal basis for the request for punitive damages,unclear prerequisites for applying this system,unclear calculation methods,disputes over offsetting with other pecuniary liabilities,and disputes over attribution and subsequent management.Based on the discussion of the current judicial situation,this paper puts forward suggestions for improving the system,including improving the legal norms of the basis for requesting rights and conditions for application at the legislative level,adopting diversified methods for comprehensive governance,clarifying the specific operational rules of punitive damages under the premise of strict demonstration of liability,and incorporating punitive damages into the management of social public interest funds,in order to achieve the original intention of safeguarding the public interests of society.