Research on the concurrent application of punitive damages and criminal fines in public interest litigation
Punitive damages and criminal fines in public interest litigation have obvious differences in terms of the source of responsibility,value function and benefit attribution,so the imposition of both does not conflict with the principle of"no double punishment for the same offense".In judicial practice,the sentences for the imposi-tion of both are roughly divided into the exclusive criminal fine model,the separate declaration and deduction model,the separate declaration and independent application model,and the separate declaration and discretionary adjustment model.In comparison,the separate declaration and discretionary adjustment model is more reasonable.When the litigation and trial authorities exercise discretion over punitive damages in public interest litigation,they need to follow the requirements of the proportionality principle and comprehensively consider the amount of puni-tive damages based on the circumstances of the individual case.Judicial organs can try to explore supporting mechanisms such as the assessment of the property status of the perpetrator,the establishment of a special fund system for damages in public interest litigation,the improvement of the channels for victims to apply for punitive damages and the flexible payment of punitive damages in public interest litigation,so as to help ensure the quality and effectiveness of punitive damages in public interest litigation.
civil public interest litigationpunitive damagescriminal finesconcurrent application
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