The Application Of The Punitive Damages In The Protection Of Consumer Rights And Interests

The system of punitive damages originated by the UK and inherited by common law countries,the development in the United States to the extreme,in protecting consumers' rights and interests and maintaining market order,etc,play an important role.However,due to the influence of the civil law system,following the principle of separation of public law and private law,China has been in dispute over the introduction of punitive damages system.The "consumer protection law" in2013 has been further revised,the punitive compensation system based on the old version is also combined with the actual situation of the development of our country experienced substantial changes,however,and punitive damages accompanying the problem has still not been effectively solved.It is necessary to pay attention to the application of punitive damages in the field of consumer protection.This article focuses on the application of the punitivedamages in the protection of consumer rights and interests,With three typical cases as the breakthrough point,Starting from the controversy of the case,Finally,we focus on three aspects:One is the pursuit of the value of punitive damages in the judicial practice in our country;One is the constitutive requirements of punitive damages.Finally,the legal procedures in the punitive damages to protect the interests of consumers.The article is divided into four chapters:The first chapter mainly introduces case,from the case raises problems existing in China on the punitive damages applies,One is the value of punitive damages in the protection of consumer rights,focusing on two aspects,on the one hand is the provisions of punitive damages in the legislation,How can we achieve reasonable limits and ensure the value under the limit,achieve the purpose of the punitive damages is introduced into our country,On the other hand,in judicial practice how to grasp the principle of moderate under value choice.Second,what is the constitutive requirements of punitive damages,especially for the application of professional who buy fake goods;the last is the legal application issues When consumers safeguard their rights.The second chapter talks about the theory of punitivedamages,recognized that punitive damages have the special functions of compensation,punishment,deterrence and encouragement and the characteristics of both public and private law.Then it discusses the punitive damages in the protection of consumers' rights and interests in the United Kingdom,the United States and china;The third chapter analyzes the punitive damages in China with the relevant theoretical knowledge.Mainly analyzes three aspects,one is the value pursuit of punitive damages,one is the constitutive elements of punitive damages,and one is Procedure for punitive damages.On the value,first of all we affirm the substantive justice of punitive damages.Secondly,the author thinks about that our country in determining the punitive at present.Finally,Judicial personnel should adhere to the principle of moderation in practice;On the components of the punitive damages,the paper discuss two kinds of situations,In addition,thinking about the problem of identifying professional who buy fake goods;Finally,some problems in the application of punitive damages in the practice are analyzed.The fourth chapter is the Enlightenment from the problem,On the realization of the value of the punitive damages,one is toimprove the legal provisions,the two is to improve the quality of judicial staff;In the application of punitive damages,one is to accurately grasp the constitutive elements of punitive damages,the two is to define the main part of punitive damages;In the process of perfecting the system of punitive damages,we should establish a perfect way to protect the rights of consumers.