Legislative improvement of the punitive compensation system in the food and drug field under the parallel model of public and private interest litigation——Analysis based on the judicial practice of civil public interest litigation in S City(2020-2022)
In recent years,local procuratorates have actively explored the filing of punitive compensation litiga-tion in civil public interest litigation in the food and drug field,which has received widespread attention and high recognition from all sectors of the society.However,due to the lack of clear substantive law provisions,many dis-putes and problems have arisen.Therefore,it is necessary to clarify the prerequisites for filing punitive compensa-tion through special legislation,stipulating that helpers and employees can be the responsible parties for punitive compensation;the responsible parties in chain sales should bear punitive compensation respectively;the amount of punitive compensation should be calculated by multiplying the profit amount by the elastic multiple;and a special account should be established for the management and use of punitive compensation in civil public interest litiga-tion in the food and drug field.
food and drug safetycivil public interest litigationpunitive compensation systemlegislative im-provement