INSTITUTIONAL FUNCTIONS AND PATHWAYS FOR IMPROVING CRIMINAL PROCEEDINGS WITH INCIDENTAL CIVIL PUBLIC INTEREST LITIGATION IN THE FIELD OF DRUG SAFETY
Keywords:
Criminal proceedings with incidental civil public interest litigation, Drug safety, Punitive damages, Harm to the public interestAbstract
Criminal proceedings with incidental civil public interest litigation provide an important mechanism for procuratorial organs to protect drug safety. With the expansion of online sales and cross-regional illegal operations, practice has revealed problems including inconsistent punitive damages standards, excessive reliance on actual harm, inadequate evidentiary coordination, and unclear liability allocation. Cases involving illegal botulinum toxin sales, online counterfeit drug sales, and multilevel counterfeit drug distribution show that public interest protection should prioritize risk prevention while adhering to statutory liability, proportionality, and procedural regularity. Thus, the legal basis and calculation of punitive damages should be clarified; drug safety risks should be properly assessed; evidence collection and examination should be improved; and liability should reflect each party’s conduct, fault, and contribution to public interest harm. Legislative improvements, consistent judicial rules, and stronger interdepartmental cooperation can advance public interest litigation beyond case-specific accountability toward risk prevention and systemic governance.References
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