Of "consumer Protection Law" Section 49 Of The Laws Applicable To Its System

Comply with consumer protection movement and the vigorous development of the objective needs of consumer protection, countries are from the procedural and substantive law, and gradually establish and perfect the legal system of consumer protection system. China's "Consumer Protection Law" Article 49 of consumers to purchase counterfeit goods compensation made after the interests of the specific provisions of the uniform, but in practice the system of law application is very different, which theorists have not reached complete agreement. Therefore, this paper,"Consumer Protection Law" Article 49 of the law, is divided into four parts of punitive damages for our country and improve the application of the system to make a more systematic study:the first part of punitive damages by functional analysis of system, the existence of the system described is reasonable and necessary. The second part on "consumption," defined as a consumer unit of knowledge, subjective state of mind of fraudulent identification and other aspects were discussed in detail the correct application of the "Consumer Protection Act," the conditions of Article 49. The third part mainly through our system of punitive damages for an objective assessment, that the existence of the system is too narrow for the main body, the base penalty is unreasonable, multiple regulations are too rigid and subjective components of defects and other problems and deficiencies. The fourth part for the lack of concrete made to perfect the "Consumer Protection Law" Article 49 of the several recommendations:First, punishment should be increased; Second, claims should not be limited by the actual harm to consumers, who fraud detection and to confirm the units and individuals should be given the punitive damages claim; the third is the system of punitive damages should be expanded the scope of fraud is not only dealers can be applied to this system, the operators negligence caused the loss of consumers should also be applicable to this system; Fourth, punitive damages should not be limited to the operators of fraud, illegal operators of the illegal search of consumers physical and insulting behavior of the consumer personality should also be applicable.