The Research Of The Punitive Damages System In The Protection Of Consumers’ Rights And Interests

The punitive damages system originated in the United kingdom. After hundreds of years of development, it has been used as a basic legal system, the implementation of the common law system countries in all areas. Our country in the 1993 "consumer protection law" (hereinafter referred to as the "law of karma"), was the first to introduce the punitive damages system and played a significant role in promoting the system of China’s economic development. But in 1993 in the consumer protection law of punitive damages in the judicial practice, emerging out of the many shortcomings and deficiencies, such as the scope of the consumer is not clearly defined, the precondition of the application of punitive damages too harsh. In 2014, our country of old "consumer protection law" made modifications, and to the provisions of punitive damages made substantially modify and improve the function of the system.This paper studies the punitive damages system in the field of consumer protection in our country. This paper describes the historical evolution, concept, features and functions as well as the present situation in China. Then it introduces the situation of punitive damages in our country. To this end, this paper mainly consists of four parts:The first part is the theoretical part, mainly elaborated the origin, the concept, the characteristic, the function and the real situation of the system in our country. Punitive damages is not the first of the continental law system, but the product of the common law system. This system has three characteristics, that is, punitive, collateral and legal nature. It also has four functions, namely, the punishment function, the containment function, the compensation function as well as the incentive function. By contrast to the old "consumer protection law", this paper introduces the status of the new "law" of the system:the first is increased in multiples of compensation, increased penalties, followed by distinguishing different damage, take the different compensation for the base, then clarify the relationship between the mental damage compensation and the punitive damages, finally is set to the compensation of all the details.The second part is a brief introduction to the system. In Britain, for example, the applicable conditions of punitive damages are very strict, and only three kinds of cases in the application of the system, but it is not mandatory. In Germany, people initially denied the punitive damages system, because it is contrary to the principle of the division of public law and private law. But along with the development of society, some scholars have introduced the system of punitive damages into their own works, the system will also go on the historical stage of the law. In Japan, although the law does not explicitly put forward the system of punitive damages, but in some of the law has been reflected in the meaning of sanctions and punishment, such as some of the law in the Department of "comfort".In the third part, to our country’s new "law" as the foundation, analyzes the provisions of punitive damages:the first is the scope of the subject is not clear, including claim subject is included in the unit, consumer how to define; then deficiencies in the applicable conditions, including the fraud identification is not clear, for the behavior patterns of the system is too narrow, the applicable premise is too harsh; finally, punitive compensation standard defects, including the reference is not reasonable, unreasonable multiples, reveal the amount is too low.In the fourth part, in the new "law of karma", punitive damages clause has all sorts of flaws, put forward corresponding improvement suggestions for:the first is the reasonable definition of the scope of the subject, including the claimant should only include natural person, reasonable judgment, the concept of living and consumption; and then the reasonable provisions of the applicable conditions of the system, including the judgment standard of clear fraud, expand for the system behavior patterns, may be compromised as a prerequisite for the application; and finally improve the standard of compensation, including actual loss as compensation standard, reasonably determine the compensation ratio, increase the minimum amount of compensation.Safeguard the legitimate rights and interests of consumers, related to the healthy development of society and the continued prosperity of the country. The author believes that, in the new "law" in the process of practice, as long as we work together, and timely sum up experience, to make up for the shortcomings and deficiencies, punitive damages system will get the continuous progress and improvement, become consumers rights of a sword. The deficiency of this paper lies in the fact that due to the limited knowledge of the author, and the lack of practice experience, learning and understanding of the professional knowledge of law needs to be further improved, the understanding of punitive damages system also need to further deepen, so there is no do exhaustive, for certain problems, has not been able to more in-depth research, there are still many shortcomings, not able to study problems, I will in future study hard to improve.