A Study on the Punitive Damages in Civil Public Interest Litigation on Food and Drug Safety
At present,punitive damages have become the main litigation request of the procuratorates in filing civil public interest litigation on food and drug safety.In view of the problems that have emerged in practice,such as unclear positioning of the punitive damages function,unclear applicable conditions,confusing calculation standards,low execution rate,and lack of supporting mechanisms,the punitive effect and preventive function of punitive damages in public interest litigation should be clarified in the system,and particu-lar conditions different from private punitive damages should be established.The total price of food and drugs sold by operators on the market should be determined as the calculation base,and a flexible range of multiples from 2 to 10 should be set,which shall be deter-mined by the prosecution subject.The punitive damages paid should be used by the consumer association to maintain public consump-tion in the field of food and drug safety.The procuratorates shall supervise the execution,management,and use of punitive damages throughout the process to ensure that the purpose of using them for public interests can be effectively achieved.
food and drug safetycivil public interest litigationpunitive damage
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