In the civil public interest litigation attached to criminal cases related to food and drug safety,there are great controversies in theory and practice about whether and how procurat-orates can claim punitive damages.The legislative status quo of punitive damages in civil public interest litigation attached to criminal cases in food and drug safety is that the supporting orien-tation of policy documents is obvious,but the direct claim right norms are lacking in law,so that the courts have different judgments on the claim for punitive damages of procuratorates injudi-cial practice.In order to safeguard public interests and exercise the function of legal supervision,the procuratorates are the appropriate subjects to claim punitive damages.Based on the nature of civil liability of punitive damages,punitive damages should not be"concurrent"with criminal fines,should not be deducted from each other,and should be paid to a special public welfare fund to support the public welfare undertakings of food and drug safety.
关键词
食药安全/刑附民公益诉讼/惩罚性赔偿/赔罚分离
Key words
Food and Drug Safety/Civil Public Interest Litigation Attached to Criminal Cases/Punitive Damages/Separation of Compensation and Punishment
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