A Comparative Study Of Punitive Damages In Consumer Protection Law

Within the rapid development of China's economy in the past more than and 20 years,the contradiction between consumers and operators has become increasingly prominent.In order to protect consumers better,punitive damages system has been established and developed,but there is still inadequate.Based on the basic theory of punitive damages system,this paper reviewed the process of its development,and explained the nature,features and functions of punitive damages.Based on the analysis of the basic theory,the legislative process of punitive damages in China's consumer protection law was studied systematically.From the legislative background,the specific provisions of the law and the development of the application of the limitations of the analysis of the advantages and disadvantages of China's punitive damages system.Then,the paper selects two representative countries and regions of the two legal systems-the United States and China's Taiwan region.This paper made a comparative study between these two areas,from the development situation,the constitution elements,the scope of application,the amount of compensation,the attribution of compensation and other aspects.To sum up the advanced legislative experience and provide reference for the perfection of punitive damages system in mainland China.Finally,the paper analyzed the problems of punitive damages system in mainland China.After the discussion of these problems,the paper puts forward some suggestions to improve the legislation,hoping to improve the legislation and judicial practice.