"Research--take Weeks Shangwan V.Market Newspaper Case Defect And Perfection Of Consumer Protection Act" In The System Of Punitive Damages

To provide legal protection to consumers in a weak position, China’s "consumer protection law," article forty-ninth establishes liability compensation operator damage, provisions of operators in the sale of goods or services, if the existence of fraud, should be to give consumers purchase price of goods or accept services cost two times the compensation. The establishment of the rule fully embodies the legislative value orientation of tilt protection for consumers. However, due to the rough legislation technology, the rules still exist many disputes in judicial application, the legitimate rights and interests of consumer protection is not sufficient. In this paper, combined with the week Shangwan v. market newspaper case, research the system of punitive damages on the establishment of China’s "consumer protection law" in article forty-ninth, analyzes its existing problems, and puts forward the improving suggestions. The full text is divided into three chapters, the first chapter introduces the focus of the basic facts of the case and controversial week Shangwan v. market newspaper case. The second chapter discusses China’s "consumer protection law" the punitive damages system of necessity and rationality, and analyzes the problems of the system, these problems lies in:consumer scope definition is not clear; standard fraud is not clear; scope of punitive damages is suitable for narrow; determining the amount of compensation is not reasonable. The third chapter puts forward the "consumer protection law" suggestions, including: the reasonable definition of the scope of the consumer; clear fraud elements; the appropriate scope expansion of punitive damages; reasonably determine the scope of compensation.