食品药品安全民事公益诉讼惩罚性赔偿的问题检视与优化路径
An Examination of the Issues and Optimization Path of Punitive Damages in Civil Public Interest Litigation for Food and Drug Safety

近年来，食品药品安全问题凸显，而消费者由于种种缘由与考量提起赔偿之诉的屈指可数，消费者协会与检察机关代为主张民事公益诉讼惩罚性赔偿势在必行。然而，这一新兴的法律实践却在立法层面上面临着诸多挑战与难题。尽管惩罚性赔偿金旨在维护消费者权益与公共利益，但如何在法律框架内明确其合法性、界定其适用范围以及确保其有效实施，均是当前亟待解决的问题，二者是否符合惩罚性赔偿的主体资格，惩罚性赔偿金能否与刑事罚金、行政罚款相折抵，如何管理惩罚性赔偿金也都有待完善。首要是赋予消费者协会与检察机关主张惩罚性赔偿的主体资格，在此基础上，需深入辨析惩罚性赔偿金与刑事罚金、行政罚款之间的界限，进一步明确惩罚性赔偿金的权属与管理机制，既要保障受害消费者的合法权益，又要确保资金的合理使用与有效监管，以构建一个公正高效的食品药品安全民事公益诉讼惩罚性赔偿体系。
In recent years, food and drug safety issues have become prominent. However, due to various reasons and considerations, consumers who file compensation lawsuits are few and far between. Therefore, it is imperative for consumer associations and Inspection authority to act on behalf of consumers to assert civil public interest litigation for punitive damages. However, this emerging legal practice faces numerous challenges and difficulties at the legal level. Although punitive damages are intended to protect consumer rights and public interests, how to clarify their legality within the legal framework, define their scope of application, and ensure their effective implementation are all urgent issues to be addressed. Whether consumer associations and Inspection authority meet the subject qualification for punitive damages, whether punitive damages can be offset against criminal fines and administrative penalties, and how to manage punitive damages all need to be improved. The first step is to grant consumer associations and Inspection authority the subject qualification to assert punitive damages. On this basis, it is necessary to deeply analyze the boundaries between punitive damages and criminal fines and administrative penalties, further clarify the ownership and management mechanism of punitive damages, and ensure both the protection of the legitimate rights and interests of victimized consumers and the reasonable use and effective supervision of funds, so as to build a fair and efficient civil public interest litigation punitive damages system for food and drug safety.