On Punitive Damages In Consumer Protection

The punitive damages system has a long history, which originated from the UK, thereafter was inherited by other common law countries, among which the United States of America is the leader of punitive damages system development. The U.S.A is the leader of maintaining the market order and protecting consumer rights. With the increase international communication, the punitive damages system is exerting influence on the civil law countries. It is a controversial issue for our country to introduce the punitive damages system because civil law countries followed the two element classification method to divide public law and private law. Despite of its controversy, this system has practical value in the area of consumption due to its adaptability to the needs of society, punishment and containment of illegal behaviors, conformity to the interests of the majority of people. The system plays a positive role in a certain period.However, after a series of cases which damages the interests of consumers occurred, the Chinese market consumer safety and the public image of the government have been facing serious challenges, punitive damages system also exposed serious flaws in this process, and therefore it has become the top priority applicable to improve the punitive damages system used in China’s market economy system in China.This thesis divides into five chapters: The first chapter is clearly positioning the function of punitive damages in consumer protection, including the definition of punitive damages, development history and functions in consumer protection. The second part explores and explains the shortcomings of the punitive damages system in consumer rights protection. The third part is the study of the American and European punitive damage systems, from which the author further elaborates and analyzes the merits which can be absorbed by our country. The fourth part is the solutions and suggestions to the punitive damages in the consumer right protection in our country. The fifth part is the summary of this thesis.