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

In the rapid development of commodity economy in modern society,the harmonious evelopment of commodity market prosperity,progresses day by day,but there are some operators use the spontaneity of market economy,ignore the social responsibility,take the deception of self-interest to consumers and health of body and mind brings great threat.The existing legal system to certain rules and regulations,such illegal act which regulated the system of punitive damages in the consumers' rights and interests protection law.As can be seen from the name,the system in order to compensate for the losses as the content,with obvious nature of the punishment.Specifically,when operators engaged in some kind of illegal activity,the sale of goods or services provided by the serious violations to the legitimate interests of consumers,the subjective state of mind is malicious,this system is in the law on the protection of consumers,the illegal operators in the back,on the basis of price and to loss ratio of punitive damages,in order to achieve the result of the alert.The system is in the field of tort liability rules,used in the field of consumer rights and interests protection,can be said to be interdisciplinary,has a strong value system,the research significance is great.It is the demands of the consumers as a weapon,plays a tremendous value in commodity market to buy and sell,to a certain extent,it is beneficial to maintain the stability of the current market activity,hit the misconduct,protect vulnerable groups,maintain the legitimate interests of consumers.But in the implementation of the system because of the inherent disadvantages and derailed and practice and did not play a proper role,not only for illegal operators achieve deterrent effect,but also to a certain extent,damage the interests of consumers.In this paper,the main structure mainly includes the following contents:Is the first part mainly discusses the protection of consumers' rights and interests of the general theory of punitive damages system.Study to be traced back to a system,the first section in this chapter from two aspects discusses the theoretical basis of the system,including the essence of the theory and method of economics theory.This system containstwo main body,should focus on when to enact laws to protect consumers,the essence of the method of justice theory requires a tilt protection of vulnerable groups.Law and economics is based on the concept of economics research and analysis to this system,calculated the amount of punitive damages from different angles.Look from the characteristic,the punitive compensation system has statutory,along with the gender,punitive.This part theoretically traced back,topic and lay a foundation for expansion of below.The second part is mainly to our country's present detailed analysis of the system of punitive damages in the consumers' rights and interests protection law.Detailed analysis of the consumer rights and interests protection law paragraph 1 and paragraph 2 of article 55,and carries on the explanation.This part of content consists of two parts: detailed analysis of the specific meaning of each word in the system of law and its scope of application,and some law behind the extension of content,give readers a comprehensive and in-depth understanding of the system.On this basis,according to the development of the practice,puts forward the problems existing in the current applied.This part is to put forward the ideas to discuss problems,found the problem.The third part mainly discusses the scope of punitive compensation system to inspect and learn from.To the classification standard,the two major legal systems in this paper.Used earlier in this system,Anglo-American law system in the development of history are also gradually improve,but there are also some problems specific to each country.Such as the United States to punish compensation amount is too large and no specific patterns,the subjective factor regulating broad,and so on.Most countries in continental legal system,the negative attitude to this system,Japan,Germany and other countries were opposed the establishment of the system,but in the practice of some cases still apply this system model,the civil law countries are calling on establishing the system of punitive damages.This section on the outside situation on the basis of the analysis of punitive damages system,in two big legal system for watershed,lists the system in the manifestation of typical countries of two important legal systems,and enumerating the problems that exist in the system.The key lies in our country were summarized in this system can draw lessons from,for the below.The fourth part mainly is the punitive damages in our consumer rights protection lawsystem improvement measures.In the above theoretical basis,system analysis,outside reference,on the basis of this chapter analyzes the typical problems existing in the system,some point to the practical case to explain,further strengthen the understanding of the systems.The author summed up some opinions for improvement in view of existing shortcomings,in order to make the punitive compensation system can really play a proper role.Only can withstand the test of practice is a good system,the last part to solve the problem for the purpose,the author expect solutions to implement effect,achieve the change of the system.