Research Of Punitive Damage Problems

The concept of punitive damages initially formed in the common law countries, after several years of development, it has been implemented as a basic legal system in all areas of common law countries. China is a civil law countries, the first to introduce the concept of punitive damages in the "Consumer Protection Law"(hereinafter referred to as "Consumer Law"). In1993promulgated the "Consumer Law", Double Indemnity Article49legislation of our country is the first one for punitive damages. So far, China formally established the system of punitive damages. Introduction of punitive damages system has important significance for China’s market economy. However, in1993,"Consumer Law" in punitive damages exposed many flaws and shortcomings in the legal practice course. After a lapse of20years, Our country,"Consumer Law" for a new round of changes, punitive damages also modify the system has been constantly improved. In this paper, in1993and2013revised "Consumer Law" as an object, Combining theoretical knowledge system of punitive damages and the "Consumer Law" situation in practice, on the basis of similarities and differences compared before and after the modification of the system was carried out at a depth assessment, which found that the system remains inadequate and further improve our proposed punitive damages regime.This paper is divided into four parts: The first part describes the specific content and development of the punitive damages; the second part is discussed the scope of the punitive damages in "Consumer Law"; the third part is the punitive damages conditions conducted in-depth analysis of the system; part IV is analyzed and evaluated standards from both the amount and compensation for damages punitive.Punitive damages play an important role in protecting the legitimate rights and interests of consumers, but the current system of punitive damages is still facing a narrower scope for harsh conditions, the amount of compensation unscientific drawbacks. Based on the analysis on the basis of the above problems, the writer proposed expansion of the scope, specifications apply conditions to improve the amount of damages and compensation standards set up different series of recommendations. So as to improve the system of punitive damages, and better consumer protection purposes.