| Punitive damages system began in the Department of Anglo-American law countries, and compensatory damages substantive difference. Our system of punitive damages did not form a system, and legislative research and theory can not be effective interface, from the current rules, our country’s system of punitive damages mainly in the areas of product piracy and consumption, although each of the provisions of there are obvious differences between, there are significant differences and conflicts between different jurisdictions. It is clear that punitive damages in our generation and development should rely on legislation, not the results of theoretical argument, has confirmed that punitive damages down in the form of legislation and its application in the field tend to expand.Our 1993 "Consumer Protection Law" Article 49 clearly defines the system of punitive damages, and punitive damages will be limited to fraud, since the birth of this system is still highly controversial presence. China’s "Consumer Protection Law" Article 49 Punitive compensation system was based on national conditions, the introduction of the system into a market economy is indeed in the fight against criminal phenomenon, safeguard consumer interests play a role. But with the rapid social and economic development, apply only double compensation provisions have been gradually showing a defect, often apply double compensation had not the best choice, and multiple compensation rules and how to identify fraud and other aspects of consumer so there are unreasonable. In 2013 the newly revised "Consumer Protection Law" for punitive damages made major changes, indicating the important role of punitive damages for consumer protection, the fight against illegal operators. Learn social habits and punitive damages system in other countries and regions, we can make the new "Consumer Law" punitive damages to play a greater role.Paper through the use of comparison, analysis, induction and other papers writing method, the paper discussed. China will be limited to punitive damages fraud, due to space limitations, this article will not be limited to punitive damages in fraud appropriateness for discussion, but for the provisions in force in consumer fraud system of punitive damages is to start writing an object. In this paper, the public is divided into four chapters:The first chapter is the theoretical part. This part is the system of punitive damages have a preliminary understanding, first of punitive damages be brief, because the theory of justice and punitive compensation system effective convergence, the paper in the first chapter of the punitive damages system the nature of the responsibility to analyze the system for a deeper understanding, with a view to later discuss punitive damages system in the "Consumer law" in the field of rationality to pave the way. While common law in the system of punitive damages have much respect we learn, the paper cited some advanced provisions extraterritorial punitive damages, such as on the application conditions, the amount of compensation, etc., these areas have a further elaboration and analysis for later reference theoretical basis. The first chapter is to analyze and legal experience outside of the theory, the theoretical basis of law analysis and theory of the later chapters, and by the extraterritorial provisions of some of the more relevant, make recommendations to lay the theoretical foundation for the later. The second chapter is the status quo in the field of consumer protection law punitive damages system analysis of consumer law in the course of history punitive damages simple comb. Through the functional analysis of punitive damages, to be implemented as a function of viewing angle, perfect for later recommendations on punitive damages to the reasonableness of bedding. The fourth chapter problems and improvement measures put forward suggestions for improving the relative inadequacy of the author. |
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