Research On The Consumer Protection Law System Of Punitive Damages

Our country’s "Consumer Protection Act"(hereinafter referred to as the "Consumer Law") and the loss due to crack down on unscrupulous operators for illegal business of vulnerable consumers to be filled and compensation for the legislative purpose of punitive damages system developed, there is no doubt that the legal system of China’s "Consumer Law" has a vital role in the improvement. However, based on the laws lag inherent characteristics, the development and use of "Consumer Law" punitive compensation system can not be achieved, goodness and beauty, when in specific areas of the judicial application of punitive damages in this legal system, there are still shortcomings and flaws with Chinese characteristics. Therefore, the legal standing abandon speculative point of view, and we affirm its system of positive significance, but also should be combined with the system of legislation and judicial practice more systematic and profound reflection, in order to facilitate their gradual improvement, resulting in the maintenance of consumers interests play a greater role. Based on the above purpose, the author of "Consumer Law" in punitive damages system analysis and research by the present systems, and on the basis of the analysis of the system of law theory, comparative law and extraterritorial advanced and absorb its beneficial provisions, which find China’s "Consumer Law" in punitive damages compensation system deficiencies and problems, and these problems are analyzed and summarized on the basis of ideas put forward a sound system and concrete measures to improve.This article consists of four parts:The first part is the introduction to the article, the article introduced the significance of the topic, research methods, research status and structure of the paper.The second part of the general principle of punitive damages are described, in particular, including punitive damages system concepts, features, functionality and value. Where more so because of the controversy focuses on the function and value of punitive damages system. At the same time, I believe that the function of punitive damages system mainly compensation, punishment, containment and encourage four functions, and its value in addition to the value of the general law of jurisprudence have, the better to show the economic law principle, there is the value of its economic law can be used as the theoretical basis of economic law of independent existence.The third part analyzes the common law countries（regions）, the United Kingdom, the United States and some civil law countries, Germany, Japan and Taiwan, the theory and practice of punitive damages judicial system, by comparing these extra-regional countries and learn the relevant legal system, can provide a reference for punitive damages of development and improvement.The fourth part introduces the legislative evolution of China’s "Consumer Law" in punitive damages system, which, summed up the current shortcomings of China’s "Consumer Law" in punitive damages and how to improve the system, although the "Consumer Law" in punishment system before modifying contrast compensation system has been no small progress, especially to improve the compensation, as well as increasing the minimum liability limits and "tort law", defines the consumer when the product defect liability losses suffered by two punitive damages times, which is equal to protect the legitimate interests of consumers and added a "triple weight." But for the "Consumer Law" ambiguities concerning the application of punitive damages system related conditions are still not clear, for example: the concept of the consumer, Elements fraud, known fake buy fake qualitative behavior and so on. I address these deficiencies in their own shallow knowledge proposed specific measures to improve the system. At the end of that conclusion, but summary text of the first questions raised.