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大规模食品侵权行为引起的私益诉讼和公益诉讼在程序优先性、管辖、诉讼请求和既判力扩张等问题上可能存在冲突。解决这些冲突的核心问题在于赋予公益诉讼程序运行上优先于私益诉讼;高级别法院和先立案的法院优先行使管辖权;均允许提出禁令诉求和赔偿请求,但私益诉讼所获得之赔偿应在公益诉讼中对被告计算赔偿数额时做相应折抵,公益诉讼先于私益诉讼提出损害赔偿请求,个人权利受损害的个人可在公益诉讼胜诉救济基金中获得相应赔偿;原告胜诉的公益诉讼判决对私益诉讼具有预决效力,而原告败诉的公益诉讼对私益诉讼无预决效力。
Private interest litigation and public interest litigation caused by large-scale food infringement may conflict in the aspects of procedural priority, jurisdiction, litigation request and resumption of res judicata. The key to resolving these conflicts is to give priority to private-interest litigation in the public interest litigation process. High-level courts and first-filed courts give priority to exercising jurisdiction. Both allow injunction claims and compensation claims, but private-interest litigation claims should be made in the public interest In the lawsuit, the defendant calculated the amount of compensation to make a corresponding discount, public interest litigation prior to the private lawsuit to make a claim for damages, personal rights of individuals who suffer damage can be obtained in the public interest litigation benefit fund corresponding compensation; plaintiffs won the public interest litigation judgment on private equity The lawsuit has the effect of predictability, whereas the lawsuit of the plaintiff losing the lawsuit has no effect on the private interest litigation.