Scope Adjustment and Function Remodeling of Consumer Public Interest Litigation Brought by the Procuratorate
The function of civil public interest litigation is not fully realized,manifested as insufficient preventive function,neglect of restorative function,and double pressure of criminal and administrative responsibility on punitive function.For one respect,this is related to the Civil Procedure Law's limitation of civil public interest litigation for prosecutorial consumption in the field of food and drug safety.With the concentration of public resources such as legislation,judiciary,and law enforcement towards the field of food and drug,the institutional mechanisms in this field are becoming more perfect,and the space for public interest litigation in a supplementa-ry position to play its role is inevitably limited.The abolition of the application scope of the consumer public interest litigation brought by the procuratorate is conducive to the release of its institutional space.For another respect,it involves the question of whether the civ-il public interest litigation of prosecutorial consumption can request compensation for damages or still adhere to punitive damages.The advantage of civil public interest litigation for prosecutorial consumption lies in maintaining a collective public interest composed of nu-merous individual interests of consumers through compensation for damages.As for abstract public interests such as transaction order and safety,they should be mainly maintained through criminal and administrative responsibilities,and punitive compensation in public interest litigation should play a supplementary role when necessary.
consumer public interest litigation brought by the procuratoratecollective public interestdamage compensationpreventive functionrecovery function
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