“ People are the foundation of the country, food is the priority of the people, and safety is the priority of food ” 。 Food safety concerns thousands of families. How to protect the procuratorial public interest litigation “ Safety on the tip of the tongue ” Here are some tips for you:

　　 one  

　　 What is procuratorial public interest litigation?  

　　 Public interest litigation is a system in which the organs and relevant organizations specified by law bring a lawsuit to the people's court against illegal acts that damage the national interests and social public interests. Procuratorial public interest litigation is “ Public interest litigation ” One of them is that the procuratorial organ, on behalf of the state, supervises acts that harm national interests or social and public interests and brings a lawsuit to the people's court.  

　　 two  

　　 What are the basis for procuratorial performance of public interest litigation?  

　　 Civil Procedure Law of the People's Republic of China 》Section fifty-eight Article two paragraph   If the People's Procuratorate finds that in performing its duties, it damages the ecological environment and resource protection, infringes on the legitimate rights and interests of many consumers in the field of food and drug safety and other acts that damage social and public interests, it may bring a lawsuit to the People's Court if there is no organ or organization specified in the preceding paragraph or if the organ or organization specified in the preceding paragraph does not bring a lawsuit. If an organ or organization mentioned in the preceding paragraph brings a lawsuit, the People's Procuratorate may support the prosecution.  

　　 Administrative Procedure Law of the People's Republic of China twenty-five Article four paragraph   If the People's Procuratorate finds that the administrative organ responsible for supervision and management in the fields of ecological environment and resource protection, food and drug safety, state-owned property protection, state-owned land use right transfer and other fields illegally exercises its functions and powers or fails to act, resulting in infringement of national interests or social public interests, it shall make procuratorial suggestions to the administrative organ, Urge them to perform their duties according to law. If an administrative organ fails to perform its duties according to law, the People's Procuratorate shall bring a lawsuit to the People's Court according to law.  

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　　 How does the public participate in public interest litigation in the field of food safety?  

　　 Method 1: Report by phone   Can be dialed twelve thousand three hundred and nine The procuratorial service hotline reports public interest litigation clues.  

　　 Method 2: Online reporting   follow “ Nanling Procurator ” WeChat official account, click “ Featured work ” get into “ Random clap ” Columns, selecting “ Food and Drug Safety ” Type, providing basic information and contact information.  

　　 Links to relevant legal knowledge on food safety  

　　 one civil liability  

　　 Civil Code of the People's Republic of China one thousand two hundred and seven Article 3 stipulates that: ” If the infringee still produces or sells the product knowing that the product has defects, or fails to take effective remedial measures according to the provisions of the preceding article, resulting in the death or serious damage to the health of another person, the infringee has the right to claim corresponding punitive compensation. ”  

　　 Food Safety Law of the People's Republic of China one hundred and forty-eight Article two According to the provisions of the preceding paragraph, if a consumer produces food that does not meet the food safety standards or sells food that knowingly does not meet the food safety standards, he or she may, in addition to demanding compensation for losses, demand from the producer or business operator that he or she pay ten times the price or three times the loss; If the amount of additional compensation is less than 1000 yuan, it shall be 1000 yuan. However, food labels and instructions have defects that do not affect food safety and will not mislead consumers.  

　　 The Consumer Protection Law of the People's Republic of China fifty-five Article one According to the provisions of the preceding paragraph, if a business operator commits fraud in providing goods or services, it shall, at the request of a consumer, increase the compensation for the losses it has suffered, and the amount of the increased compensation shall be three times the price of the goods purchased or the cost of the services received by the consumer; If the amount of additional compensation is less than 500 yuan, it is 500 yuan. If the law provides otherwise, such provisions shall prevail.  

　　 two administrative responsibility  

　　 two thousand and nine The Food Safety Law of the People's Republic of China was passed in, two thousand and fifteen Revised in two thousand and eighteen Year two thousand and twenty-one Revised twice in. There are ten chapters and 154 articles. The legal responsibilities in Chapter IX are listed twenty-eight strip fifty-two paragraph one hundred and two The provisions on punishment for administrative illegal acts, including production, sales, transportation, storage and many other types of acts.  

　　 three criminal responsibility  

　　 Article 143 of the Criminal Law of the People's Republic of China [Crime of producing or selling food that does not meet safety standards] Whoever produces or sells food that does not meet food safety standards, which is enough to cause a serious food poisoning accident or other serious foodborne diseases, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined ; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined ; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated of property.  

　　 Article 144   [Crime of producing or selling toxic or harmful food] Whoever adulterates the food produced or sold with toxic or harmful non food raw materials, or knowingly sells food adulterated with toxic or harmful non food raw materials, shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; If death is caused or other especially serious circumstances are involved, punishment shall be imposed in accordance with the provisions of Article 141 of this Law.  

　　 four Punitive compensation system in civil public interest litigation of food safety  

　　 Punitive compensation is a concept corresponding to compensatory compensation, which refers to the damages that the court sentenced the infringer to pay to the infringed more than his actual loss. two thousand and nineteen year five In September, the CPC Central Committee and the State Council issued the Opinions on Deepening Reform and Strengthening Food Safety, which proposed that “ Explore the establishment of punitive compensation system for public interest litigation of food safety. ” Giving the procuratorial organ the right to request punitive damages in the field of public interest litigation for food safety can solve the problem that it is difficult for ordinary consumers to provide evidence and the high litigation costs lead to the difficulty in applying punitive damages, increase the illegal costs of actors, eradicate the economic motivation of illegal operations, fully compensate for the damage to social public welfare, and effectively curb the occurrence of food safety violations.