The Research On Punitive Damages In Chinese Consumer Protection Law System

Punitive damages system in common law, and then gradually extended to otherStates, including traditionally do not share the principles of the system of civil lawcountries. Punitive damages system catering to consumer demands in China, andprovide legal guarantees for the protection of consumers ’ rights. However, any systemestablishment and application is not a once and for all, with social and economicdevelopment, the law on protecting consumers ’ rights and49th punitive damagesprovision in its application process showed insufficient number, such as the definitionof consumer issues, scope of punitive damages and compensation standards, and so on.Because of lag characteristics of law, in application of the legal regime of punitivedamages, there are still some shortcomings and deficiencies. Since reform and openingup and rapid development of China’s market economy, more and more operators in themarket events that harm the interests of consumers, there is an urgent need for morelegal regime to protect consumers ’ rights and interests. Against this background, myamendments to the consumer protection act was adopted on October25,2013,increasing penalties for fraud, and so on, full detailed the provisions of the consumer,from protecting consumers ’ right to information, the right to choose, the right torecover damages, regulates consumption.This article is based on this background and in-depth research, comprehensiveresearch methods and comparative analysis of methods used in this paper to discuss thelatest amendments to the law on protection of consumers ’ rights and interests in ourcountry system of punitive damages in themed, the main content is divided into fourparts: first of all, illustrates the concept of punitive damages, characteristics, properties,as well as punitive compensation system of profiles. Secondly, the analysis of foreignsystem of punitive damages in the field of consumer-related provisions, andsummarizes the extraterritorial punitive damages system’s inspiration to China. Onceagain, elaborated on three from three aspects, our amendments to the consumer protection law system of punitive damages in the development process, the update ofthe Consumer Protection Act, the need for amendments to the system of punitivedamages, as well as amendments to the consumer protection law provisions onpunitive compensation system of the latest changes. Focuses on comparing the currentamendments to the Consumer Protection Act, the49th and55th punitive compensationsystem. Finally, to discuss the significance of the implementation of the amendment,combined with the realities in China, analysis of punitive damages in the amendmentsto the Consumer Protection Act amendments to the system of punitive damages in theprovisions is insufficient.