Research On Punitive Damages System Of Civil Public Interest Litigation In The Field Of Food And Medicine Safety

In recent years,punitive damage awards is an extremely important litigation claim for the eligible subject of civil public interest litigation in the field of food and medicine,which shows an increasing trend and develops rapidly.In the field of food and drug safety co-governance,the central and local governments have issued a number of policies and laws,requiring greater efforts to explore punitive damages in civil public interest litigation.Judicial practice has also responded in time,which has played a positive role in improving the public interest litigation system.However,in the operation of the system,at present,the eligible subject of punitive damages for civil public interest litigation in the field of food and medicine is vague and missing in the legislative level.The qualification range of the subject of civil public interest litigation is smaller.The measurement model of punitive damages is confused.The relationship between penalty and fine is not clear.Punitive damages are administered in different ways.It is still unclear whether the individual who suffers from the loss of private interests can claim damages.Plagued by the above problems,the existing legal system cannot fully defend the purpose and value advantage of public interest protection,and it is difficult to highlight the healthy operation of the civil public interest punitive damages system in the field of food and medicine.This thesis attempts to use the methods of normative analysis and empirical research to sort out the relevant basic theories and judicial precedents,in an attempt to respond to and solve the problems presented in judicial practice.The author plans to discuss from the following aspects: The introduction part is from the response to the original intention of the topic selection,insight into the role of the research topic selection,snooping research status and ideas.The first part focuses on the analysis of the basic theory of punitive damages in civil public interest litigation in the field of food and medicine,and makes a detailed analysis of the concept and characteristics of relevant systems,which lays a theoretical foundation for the following detailed elaboration.The second part,mainly from the level of system context,investigate more carefully the current state of development of the punitive system of civil public interest litigation in the field of food and medicine,the necessity and legitimacy of punitive compensation system introduced in civil public interest litigation in the field of food and medicine were evaluated.The third part points out that the role of consumer associations in the food and drug field civil public interest litigation cases is not enough.The application of punitive damages is too generalized.The base of punitive damages is not uniform.The attribution of punitive damages is inconsistent.The fourth part reflects on the improvement of the public interest litigation system.It suggests that in civil public interest litigation cases in the field of food and medicine,the nature and applicable principles of punitive damages should be clarified,the main body of civil public interest litigation should be improved,and the establishment requirements,base,multiple,attribution and management of liability for punitive damages should be clarified in accordance with the principle of modesty and restraint,so as to strengthen the collaborative treatment of various legal liabilities,Which ensures an effective role in the food and drug field of civil public interest litigation punitive damages system.