摘要
Abstract
Civil Code,Law of the People's Republic of China on the Protection of Consumer Rights and Interests,and Food Safety Law of the People's Republic of China have all made specific provisions for the punitive damages system in criminal incidental civil public interest litigation in the food field.However,there are still difficulties such as unclear calculation bases for punitive damages,a lack of sufficient rationality in the amount of punitive damages,a poor connection between punitive damages,criminal fines,and administrative fines,and certain deficiencies in the management and use mechanism of punitive damages.In this regard,we can overcome the current difficulties by clearly defining the calculation base of punitive damages,reasonably determining the amount of punitive damages,improving the connection mechanism between punitive damages,criminal fines,and administrative fines,and optimizing the management and use mechanism of punitive damages.关键词
食品安全治理/食品刑附民公益诉讼/惩罚性赔偿金制度Key words
food safety governance/criminal incidental civil public interest litigation in food field/punitive damages system
