Study On The Consumer Protection Act Of Punitive Damages System In China

Punitive damages system originated in the United Kingdom, it has been produced 200 years of history. Although punitive damages system originated in England, but developed in the United States, and over time due to the unique features of punitive damages, it is not only the victim’s compensation and incentive function, more malicious criminals sanctions containment function and social function in people in general, making it not only in the common law has been passed and development, more importantly, the general principles of civil law pursues filled gradually breaking the original theory, began to use punitive damages system. Legislation to open the first of its kind to punitive damages as compensation for the same fill insist the principle of China also in 1994 launched the "People’s Republic of China Consumer Protection Law" provisions, then, "Food Safety Law", "tort law ", " real estate sale judicial interpretation " have also provides for punitive damages. Although the system provides for punitive damages in many laws, but the reality is that all kinds of damage to the interests of consumers, and do not therefore prevent incidents, especially food safety issue is particularly prominent. You can see that the punitive damages and did not play its due role in consumer protection in the country, while the root cause of this dilemma lies in the imperfect legislation, so I will indemnify exists for specific provisions on the issue of punitive to be analyzed, and the corresponding improvement suggestions.This paper will discuss the protection of consumers in punitive damages system as its theme, its main part is divided into five chapters:The first chapter is the introduction, mainly introduces the background and significance, research status, research methods and innovations.The second chapter discusses the basis for the introduction of punitive damages in the field of consumer protection, including the reality of both basic and theoretical basis. From a practical point of view, the basis of "a lost decade" as a way to spoil the line transaction has gone deep into the various fields of economic activity, while the "fake a lost decade" itself with a punitive purpose and effect, it will be punished compensation system introduced in the field of consumer protection, but is the kind of economic activity in the trading habits used to upgrade the line to level the law, Another country due to prolonged use of strict planned economy, making the legal system regulating the market economy is not perfect, the relevant law enforcement is not in place, and freedom, open market economy allows the operator to easily get rid of the shackles of the law, various mercenary businessman legitimate rights and interests of consumers against unscrupulous began to seek to maximize their own interests, the long run is difficult to establish the integrity of the system, the wind began to prevail fraud. Judging from the theoretical basis, the real requirements of the law and justice on the role of law should be substantive rather than formalistic, from law and economics theory, deterrence theory is the core of punitive damages under the law to maintain a certain degree of deterrence, would have increased penalties for offenders, and finally, the theory is supported by the introduction of private enforcement of punitive damages in the field of consumer protection.The third chapter focuses on the protection of consumer rights in China’s current system of punitive damages existing problems. Punitive damages system has two prominent features, one is the main provisions of punitive damages system in the field of consumer protection, on the other hand is a system of punitive damages in the legislative model uses a decentralized model legislation, specifically the main including the "consumer Protection Law," "food Safety Law", "Tort liability Act," "real estate sale of interpretation", the legislative model allows distributed punitive damages on the applicable conditions, the amount of compensation are there own special place, by comparison, the analysis can be found in the specific provisions of punitive damages on the system, there are still no small defects, and these defects precisely hampered specific punitive damages system, especially suitable for harsh conditions over and limited the amount of compensation, punitive damages system makes it difficult to play its due role.The fourth chapter focuses on the development status of punitive damages system in various countries and regions, as punitive damages system the most mature, the United States either in scope or in the amount of compensation that can be said is more open, However, due to the punitive damages system itself, there are some flaws, some reforms through the column, the United States in the applicable conditions of punitive damages, the amount of compensation, attribution Xanadu bold innovation, to better adapt to the social development needs. As inherited civil law in Taiwan, China, in the provisions on punitive damages system is also more open to the specific design of the system of punitive damages is not a small reference.The fifth chapter focuses on the improvement of consumer rights protection system in punitive damages, punitive damages despite the introduction of the system has been 20 years, but in the specific design of the system of punitive damages is not a small problem still exists, Throughout the development trend of punitive damages system, protecting the interests of consumers from the maximum angle of view, should be to gradually relax the applicable conditions of punitive damages system, gradually raise the amount of punitive damages, and to continue to improve in the field of consumer protection related systems in punitive damages.