The Consumer's Request Rights For Exemplary Damages

Since the Law of Protecting Consumers' Rights in People's Republic of China has been issued for enforcement, our country formally brings in the punishment damages system. More than ten years of judicial fulfillment exposed that this system has some problems in application, especially, the regulation and limitation of the consumer's fight for exemplary damages are unclear, giving the research of this topic a great realistic meaning. There are a lot of deep research of the punishment damages at home and abroad, regardless such countries as Britain and America etc. which belong to the British and American law system, or such countries as Germany, Japan, China etc. that belong to the Continental law system, however, the specialized research of consumer's right for exemplary damages is not enough. This thesis discusses the general theories of the exemplary damages, and mainly argues the bringing in of the exemplary damages system to the consumption field. The key point of this thesis is to analyze the legal and philosophical foundation of the consumer's right for exemplary damages, especially the socialization of the civil law. In my opinion, the socialization of the civil law makes it not only take on the function of expiation and filling up in the realm of private law, but also make it completely undertake certain functions as punishment in the realm of private law. The essence of the socialization of the civil law is an intervention of the nation to the civil case, and is one of the valid protecting methods to the weak groups. This thesis also points out some disadvantages that existing in our country's current law of consumer's fight for exemplary indemnification. Besides, the thesis put forward some viewpoints on the rights for exemplary damages designed by Professor Liang Huixing and Professor Wang Liming in the draft of the civil law, and makes a research on the construction of consumer's right for exemplary indemnification system in our country to match our country's lawmaking and judicial fulfillment. The author contents that our country should build up the independent consumer's right for exemplary indemnification system, so as to better protect consumers' interests.