药品安全视野下消费民事公益诉讼激励约束机制研究

Research on Incentive and Restraint Mechanism of Consumptive Civil Public Interest Litigation from the Perspective of Drug Safety

通过对药品安全监管的刑事处罚、行政监管和私益诉讼的作用场域进行综合分析发现,对小额分散型利益的损害赔偿型诉讼是消费民事公益诉讼作用于药品安全领域的主要类型诉讼,相应的激励约束机制也应当以胜诉奖励制度为主、公益诉讼基金和“败诉方承担”规则为辅。鉴于此种类型的公益诉讼和私益诉讼的紧密联系,通过对既有提存制度的适当改造,明确提存金未被提存达到一定期限后直接纳入公益诉讼基金,既可以有效缓和公益诉讼与私益诉讼之间的关系,也能为公益诉讼基金提供稳定来源,实现对公益诉讼起诉主体的长效激励。

Through comprehensive analyses of the scope of criminal punishment,administrative supervision and private interest litigation of drug safety supervision,the damage compensation litigation of small decentralized interests is the main type of consumer civil public interest litigation in the field of drug safety.The corresponding incentive and restraint mechanism should also be mainly based on the win award system,supplemented by public interest litigation fund and"borne by the losing party"rules.In view of the close relationship between this type of public interest litigation and private interest litigation,through the appropriate transformation of the existing deposit system,it is clear that the deposit will be directly included in the public interest litigation fund after a certain period of time,which can not only effectively alleviate the relationship between public interest litigation and private interest litigation,but also provide a stable source for public interest litigation fund,which is helpful for realizing the long-term incentive to the subject of public interest litigation.