Poison Capsules Event Public Welfare Lawyers group: punitive compensation is difficult

Every reporter Huang Zhiwei from Beijing, a number of lawyers joined the "poison capsule incident" public Welfare lawyers have made progress in the collection of clues, but for the lawyers involved, to achieve the expected effect, the road is still very long. Yesterday (April 26), the reporter learned from the public Interest lawyers, currently on Weibo has received dozens of lawyers, but also received the capsule medicine.　　However, none of these drugs found the same batches of products as the state Drug Administration has published, so the collection of medicines continues. April 22, 耿爽 and other 4 lawyers to the state Food and Drug Administration issued a legal proposal with their signature.　　In the proposal, 耿爽 and so on, including the initiation of recall, ordered the enterprises to suspend business, to investigate the responsibility of the enterprise responsible, to create punitive damages and improve the laws and regulations 5 recommendations.　　Zhou, a leading public welfare lawyer, told the Daily economic news reporter that the National Food and Drug Administration's recall and shutdown measures are basically in line with their legal advice, but the punitive damages they most want to push are difficult. According to 耿爽, there is only environmental protection that can bring public interest litigation under our law.　　At the same time, the prosecution can only be relevant institutions, the individual citizens have no right to mention. To "poison capsule incident" as an example, the use of chromium-standard capsules made of drugs, this is a common drug, the profit is not high in the capsule to save costs, can let the Enterprise Low-cost competition, expand sales to earn profits.　　In terms of relative income, the cost of illegal business is very small. Yang Chaoquan, partner of Beijing law firm, said that according to the provisions of the contract law, product quality unqualified can be required to return, or even demand double return. However, due to the low price of common drugs, the amount of compensation will not be large. In addition, the chromium-exceeding drugs on human health has caused damage can be claimed tort compensation, the amount of compensation is relatively high. However, because chromium is a chronic trace of excessive damage, the harm to people may not be obvious, how to grade the injury, how much money should be spent on treatment, each link needs the victims themselves to carry out the evidence, the test results prove that the difficulty is very high.　　Accordingly, Yang Chaoquan that the possibility of filing tort compensation is very small.　　耿爽 said, from the legal and the reason, punitive damages are imperative. 耿爽 recommended that the Consumer Protection Commission act as a public interest litigation, protect consumers ' rights and interests, increase the enterprise's illegal costs, considering that public interest litigation will also affect corporate goodwill, so big companies more cautious.