Current, because law is not perfect, whether should the civil commonweal lawsuit of safe to endangering food domain in judicatory practice support procuratorial work mechanism to reach concerned organization to mention punish what the gender compensates for to appeal to, theory and solid Wu bound unable to decide which is right, reason undertakes be discussinged deep having important sense to this problem.
Add harm food to install lawsuit of commonweal of thing of the whole people to punish a gender to compensate for request authority type to be necessary quality. Above all, it is domain of harm food safety requirement of function of system of civil commonweal suit. In view of the austere sex of food safety topological features, food safety domain problem brings into limits of civil commonweal lawsuit, its purpose is the legal function that should develop this system, make safety of our country food get be controllinged effectively, if be like a few cases to just put forward to make an apology merely,the legislation that lawsuit requests is handled, develop the legal function of this system hard. Next, it is the requirement of policy of our country judicatory. Top person procuratorate was released 2017 " the announcement that deals with strength about increasing contentious case of commonweal of the domain that feed medicine " (next weighing " announcement " ) . " announcement " specific requirement, to feeding the civil commonweal contentious case of medical domain, can explore the litigant request that puts forward to punish a gender to compensate for, raise the illegal cost of illegal behavior person, from go up at all keep within limits feeds society of medical domain enroach on the illegal behavior of public interest. To implement this judicatory policy, active also exploration offers institution of various procuratorial work castigatory sex compensation, already had successful case at present, the effect is better. Again, it is the need with perfect system of commonweal lawsuit law. Illicit beneficial lawsuit is value pursuit with compensating a gender, and commonweal lawsuit holds a compensation sex and castigatory sex concurrently. At present civil commonweal lawsuit is opposite our country food punish what the gender compensates for to appeal to devoid law basis, there is food on certain level the amount of civil commonweal contentious case, go against protective common people " the safety on the tip of the tongue " .
Add food safety domain system of compensation of sex of penalty of civil commonweal lawsuit has feasibility. Above all, add castigatory sex to compensate for request authority type to have legal principle base. The basic function of tort act law is compensation and deterrence. May causing fall victim number because of food tort behavior numerous, those who cause damage dispersive, add castigatory sex to compensate for request authority type, ability lets illegal operator people assume bigger damages responsibility, form powerful deterrence to potential illegal operator, eliminate its to acquire the incentive parent of illegal profit. Next, compensation of sex of penalty of illicit beneficial lawsuit requests authority but analogize applies to commonweal lawsuit. Food safety law the 148th gift the 2nd times the request that sex of penalty of consumer of main body of illicit beneficial lawsuit compensates for counterpoises. Actually, civil commonweal lawsuit sues food safety domain main body also represented broad consumer. From analogize applicable angle looks, civil commonweal lawsuit and illicit beneficial lawsuit are having food safety field similar sex. In illicit beneficial lawsuit, consumer has authority to mention punish what the gender compensates for to appeal to, civil commonweal lawsuit it is OK to also answer.
The computational base that sex of penalty of civil commonweal lawsuit compensates for food safety domain. The computational base that sex of penalty of lawsuit of commonweal of safe to food domain compensates for why, theory and exploration of solid Wu bound give 3 kinds of way: One of, it is base with gravy; Secondly, it is base with sale; Thirdly, should innovate the loss that the method such as opinion of technology of the investigation questionnaire of use society science, sampling statistic, expert defines public interest.
The author thinks, as computation with sale base coincidence method manages and judicatory is actual. Above all, because look prehuman acknowledge level cannot quantify damage public interest, for computation with sale base is helpful for casting off damage the predicament that public interest cannot quantify. Next, as computation with sale base accords with proper sex, rationality. Sell the food that does not accord with safe level the market, the infringer obtains commutative value accordingly. And the immediate loss that this exchange value is the customer that buys this food essentially. Accordingly, calculate with should exchanging value to regard damage as public interest base has its rationality. Again, for computation with sale base facilitates judicatory carries out an operation. The appearance is public to wanting to quantify damage for the interest, affirmatory food sale is relatively easy, can ease the difficulty that investigation obtains evidence, domain of safety of facilitating blow food produces sale action illegally, achieve the goal that protects public interest.
With sale 10 times to 20 times certain penalty the gender compensates for the forehead. operator of proper food, although the food that its produce accords with a standard, but buy to let consumer be at ease, its should increase conduct propaganda, in order to distinguish ever insecure congener food, increased its to run cost. In addition, be aimed at food safety problem, the government can increase public investment necessarily. If the government needs to increase the investment of administration, increase the superintendency strength of food safety; Increase additional propagandist investment, publicize those who bring total provision to identify knowledge to the society, redeem the confidence of the food industry that once was destroyed; The investment that increases resource of judicatory of food tort lawsuit. Accordingly, what illegal food operator damages is consumer not just individual or a certain group, still include proper food to produce the sincere letter of sale business and industry, government and even whole society, consult so the castigatory sex of 10 times compensates for lawsuit of food illicit beneficial standard, food the castigatory sex of civil commonweal lawsuit compensates for amount exploration to be sale certainly 10 times to 20 times have its rationality and feasibility, right specific a multiple of the case criterion but basis the circumstance of the case undertakes deciding integratedly. (Feng Qingjun of procuratorate of area of wide hill of city of Yangzhou of province of Jiangsu of procuratorial work daily)
