On China's Consumer Protection Law In Punitive Damages System

The theory of punitive damages, originated from Common Law, has been one ofdispute questions since its beginning. Although Civil Law did not absorb it directly, thethought of punitive damages had play a significant role to the compensate theory ofCivil Law, and it also has made certain influence to the damage compensate legislationin Civil Law countries related. Nowadays, some Civil Law countries and areas havebegun to adopt the punitive damages system in the legislation. Scholars in our countryalso started to pay more attention to this question in recent years;they research it fromdifferent angles, such as civil law, economic rules and regulations, legal philosophy, andhave made fruitful progress. As all walks of life in the society request to introduce thepunitive compensation system into our jurisprudence, and the Consumer Problem is notoptimistic day by day, the theory of punitive damages is widely accepted in the field ofconsumption.In 1993, the Article 49 of Protection of Consumers' Rights and Interests of ourcountry was considered to be the first attempt of punitive damages in our country. Afterthat, the Article 113 of Contract Law confirmed this system further. Undoubtedly thissystem promoted the level of consumer protects in our country. However, we can't denythat by no means Protection of Consumers' Rights and Interests still had manyinsufficiencies about the punitive damages, and did not display its effect fully in real life.In view of regulations about the punitive damages in our country, this article beginsfrom the punitive damages concept, tracing its historical path, introducing its functionand flaw, and discussing its intrinsic value and essential attribute, then affirming theeconomic rules and regulations attribute of punitive damages system. Under thisfoundation, I utilize comparison-method, research the differences of this systembetween Protection of Consumers' Rights and Interests and US Consumer Protectionregulations, and then make evaluation to the Article 49 of Protection of Consumers'Rights and Interests of our country. Finally, I put forward some proposal to express myown thought.This article is divided into four parts, which structure is as follows:First part: Outline of punitive damages. This part introduces the meaning ofpunitive damages, the history and current state of the system. And then analyzes itsfunction and flaw, as well as the attitude of academic world in our country.Second part: Essential attribute of punitive damages. This part focuses on the valueof the punitive damages, analyzes its contradiction with Civil Law inherent system,confirmed it economic rules and regulations attribute under the civil law socializationtendency.Third part: Evaluates punitive damages system in our country. Under the premisethat punitive damages system is economic rules and regulations attribute, studies therelationship between punitive damages system and the consumer protects movement,and discusses the role of punitive damages in the protection of consumers. And thenanalyze punitive damages system in our country and the American consumer protectssystem comparatively. Finally, make evaluation to the Article 49 of Protection ofConsumers' Rights and Interests of our country.Fourth part: Analyze the necessity and the possibility to perfect punitive damagessystem in Protection of Consumers' Rights and Interests, and put forward the proposalson how to realize it.