Consumer Protection Law In The System Of Punitive Damages

The system of punitive damages is originated from Common Law, then gradually it has already appeared in many Civil Law countries, including the traditional principle of this system does not agree with some civil law countries. The Article 49 of Consumer Protection Law (hereinafter referred to as "Consumer Law") of our country was promulgated in 1993, thought to be the first attempt to introduce punitive damages liability in our country, later punitive damages liability was confirmed in Contract Law Section 113. Every scholar has their own point of view in mind for its definition in the civil legislation.The author analysis it comprehensively from different angles based on the existing theories and summarize that punitive damages system is the extra monetary compensation other than the actual loss paid by the perpetrator to the victim for specific behavior related to perpetrator. This paper integrated research methods, analytical methods and comparative analysis of empirical methods, to discuss system of punitive damages in China' s Consumer Protection Law system of punitive damages as the theme and divided into three parts. First of all, It Introduced the system of punitive damages and legal basis for the general theory. Second, it clearly shows the value of punitive damages system existing in China's consumer law, describes the use of the system in China especially in the consumer protection law and problems in application, which also details the expression of punitive damages system in China specifically in the Consumer Protection Law Article 49. The Article 49 is the supplement and improvement to our country's civil compensation system which helps to curb illicit operations and encourage consumers'protection in accordance with the law. Finally, With China's actual situation, analysis of perfect "Consumer Protection Law" system, the need for punitive damages, and the author put forward some plain advices on the improvement of the relevant issues. In short, This paper based on the punitive damages regime of systematic research to explore the sound Consumer Protection Law means the system of punitive damages, I hope and believe that the proposed ideas can make reference for our further consumer protection laws, and contribute to further improvement and development of consumer protection laws.