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

Along with the strengthening of the country’s policy promotion of food safety,our punitive compensation system has an increasingly supportive role in food safety civil public interest litigation.The primary function of food safety civil public interest litigation is to curb and prevent illegal business behaviors that endanger food safety,so as to avoid the harm to the health of the majority of unspecified consumers.In the current food safety civil public interest litigation,the existing problems of applying punitive damages,such as unclear qualification of prosecution subjects,inconsistent calculation standards of punitive damages,and unclear ownership and management of funds,can still be questioned.The main reason lies in the lack of relevant legislation on punitive damages,the scattered legal provisions,and the lack of specialized provisions on punitive damages in civil public interest litigation,which leads to the difficulty of application by judges at the present stage.Taking the predicament as a reference,starting from the supplement and perfection of the specific provisions of punitive damages,the basis of applicable claims is clearly defined,the calculation criteria of calculation base,coefficient and maximum amount are corrected,and the attribution and management are refined by setting up special funds and drawing up rules of use.At the same time,we must improve the mechanism of punitive compensation and execution,improve the effectiveness of judicial governance.Based on the new development of the application of the punitive compensation system,the value of punitive compensation in food safety civil public interest litigation should be constantly brought into play.