惩罚性赔偿在消费公益诉讼中的适用

Application of Punitive Compensation in Consumer Public Interest Litigation

摘要: 公益诉讼是为了维护公共利益而由特定主体提起的诉讼，我国《民法典》规定了消费者诉讼的惩罚性赔偿。然而，当私人不知其权益受到侵害或者因维权成本高而未提起诉讼，拥有公益诉讼起诉主体资格的主体为维护公共利益而提起消费公益诉讼时，其是否可以提出惩罚性赔偿，若可以，该惩罚性赔偿金的使用、管理应当如何归属。

Abstract: Public interest litigation is a litigation initiated by a specific subject in order to safeguard public interests. China’s Civil Code provides for punitive damages in consumer litigation. However, when private individuals do not know that their rights and interests have been infringed or that they have not filed a lawsuit due to the high cost of rights protection, and the subject with the qualification of public interest litigation subject files a consumer public interest lawsuit to safeguard public interests, can they file punitive damages, and if so, how should the use and management of such punitive damages belong.