Punitive Damages System Research Of Consumers’ Rights And Interests Protection Law In Our Country

Along with the modern economy rapid development, the rights and interests of consumers in consumption activities is the infringement phenomenon is increasingly serious, the main is rooted in the operator in a strong position in the trading activity, and consumers are often unable to compete with them, so, it is particularly important to safeguard the rights and interests of consumers. Producers in terms of current consumption environment, and can’t be strictly the quality pass, the operators and consumers is no guarantee that the business activities in the transaction status of equivalent exchange. Look straight into the complex consumer business, it is not difficult to find that the production and sale of counterfeit goods, consumer fraud is still harmful to consumers’ rights and interests of a weapon, hitting the trading environment of the whole economic market, in-depth analysis shows that such behavior will fundamentally undermine the entire social order and the market economic operation mechanism, even can destroy the entire social fairness and justice.In terms of the situation, the operator infringement, growing consumer harm condition, while the existing consumer rights and interests safeguard measures are not sufficient to make up for the loss of customers. Punitive damages system as a rights safeguard system undoubtedly can be. The punitive compensation system is mainly aimed at managers of illegal conduct, according to its losses to consumers for the compensation, the compensation amount on the basis of the original corresponding loss combined with the several times of punitive damages, the intent was given to operator on the basis of the compensate for consumer losses financial penalties, in order to achieve warning, warning role. Punitive damages system, as an interdisciplinary, applicable to a system in the consumers’ rights and interests protection law has its unique side, it not only can protect the existing from the economic trade order, and to build a harmonious and stable economic order and structure also has a huge role.Besides preface and conclusion, this article mainly includes the following four parts:The first part mainly discusses the protection of consumers’ rights and interests of the general theory of punitive damages system. For an overview of punitive damages system from the power of the longitudinal development footprint transverse development countries, all can see, as the protection of consumer rights and interests of its weapons, not only has the characteristics of civil compensation liability to pay compensation, but also the characteristics of both deterrent, punitive. This part mainly through basic concept, basic characteristics and the source of economic law attribute for the study of comprehensive discusses the theory support of punitive damages system.The second part mainly discusses the current research status of consumer rights and interests protection system of punitive damages. Consumers’ rights and interests protection law should not only include the consumers’ rights and interests protection act, should also include "food safety", "tourism law" and so on, from a general point of view, the punitive compensation system should be applicable to most of the economic law field. This part of content consists of two parts: on the one hand, mainly focused on the specific rules of law interpretation, and from this Angle as the breakthrough point to analyze the general consumer rights and interests protection system of punitive damages in the existing problems. On the other hand, the existing research results show, the punitive compensation system of the research still has many shortcomings, whether in theory or in practical application has many loopholes, still need to constantly improve and perfect. Therefore, the author in this article regarding the protection of the rights and interests of consumers the defects of the system of punitive damages is discussed in detail.The third part is mainly on the investigation to the scope of punitive compensation system. Study on the legal system in China needs not only increasingly ancient legal system, also should be comprehensive and all rivers run into sea, and the outside study of punitive damages system is relatively mature, by comparing the domestic situation eclecticism, to the implementation of the punitive damages system in China is more smoothly. The specific content of this part is mainly combined with China’s current national conditions and social status, the Anglo-American law system and continental law system countries, the system of punitive damages to find out the deficiency of our country, to find a solution to the beneficial reference.The fourth part mainly is our country consumer rights and interests protection measures for perfecting the punitive compensation system. In view of our country consumer rights and interests protection system of punitive damages in practice implementation status, as well as the provisions of the system itself is still exist many shortcomings of, the author will put forward several opinions. Main content is divided into two aspects: one is for the applicable scope is clear, concrete from the subject and object of punitive damages system as well as the subjective factor three aspects discussed; The second is the research for damages the setting of the problem, in order to ensure the smooth implementation of the punitive damages system in our country.