食品安全民事公益诉讼惩罚性赔偿的司法样态研究

A Study on the Judicial Model of Punitive Damages in Food Safety Civil Public Interest Litigation

民以食为天,食以安为先。法治是最严厉处罚和最严肃问责的重要手段。我国在政策层面已开始探索将惩罚性赔偿引入食品安全民事公益诉讼,但食品安全民事公益诉讼惩罚性赔偿制度尚未在立法中予以明确。本文通过梳理178件司法裁判发现,实务中存在制度适用的法律依据缺位、金额计算方法随意、赔偿金的归属和用途混乱等问题。为有效化解实践难题,建议在食品安全民事公益诉讼中,明确适用惩罚性赔偿的法律依据,科学确定惩罚性赔偿金的计算体系,理性把握自由裁量因素,并严格区分惩罚性赔偿金与行政罚款、刑事罚金的区别,同时还应建立健全惩罚性赔偿金的管理体制,以期运用法治,为食品安全民事公共利益保驾护航。

Food is the basic of people,safety is the basic of the food.The rule of law is an important tool for the most severe penalties and the most serious accountability.China has begun to explore the introduction of punitive damages into civil public interest litigation for food safety at the policy level,but has not yet incorporated the system into national law.By combing through 178 judicial decisions,we found that there exists several problems in practice:lack of legal basis for the application of the system,arbitrary methods for calculating the amount,and confusion over the attribution and use of the compensation.In order to effectively solve the practical problems,it is recommended that the legal basis for the application of punitive damages in such civil public interest litigation be formulated,the calculation system of damages be scientifically determined,the discretionary factors be rationally grasped,and the difference between punitive damages and administrative fines and criminal fines be strictly distinguished.What’s more,a sound management system for punitive damages should be established,with a view to applying the rule of law to protect the civil public interest of food safety.