A Study On Punitive Damage System Of Consumption Field

Punitive damages system in Law of the People's Republic of China on the Protection of Consumers' Rights and Interests is a system which has been controversial in the process of judicial practice in our country since it was originated from the West in1993.With the establishment of market economy system and the rapid development of socio-economy,the social consumption subject and consumption content has undergone tremendous changes.And punitive damages system also has a significant development.The scope of application from the ordinary consumer goods has expanded to commercial housing and other bulk products.The punitive damages calculation model also has a new change.It reveals some problems of punitive damages system in our country such as the subject definition is too narrow,the protection object is insufficient and the punitive damages calculation model is rough,and the arrangement of legal system is in chaos by combing the implementation and evolution of punitive damages system in judicial practice and analyzing the applicable characteristics of punitive damages system in Taiwan and other countries.In this paper,it suggests that the government should pay attention to the overall harmony of the evolution of the system to avoid the conflict and fragmentation between different laws and regulations.At the same time,the department and the buyers who buy fake products on purpose should be included in the protection object.It also suggests enlarging the application of the punitive damages system in the fields of insurance and medical care to establish the special consumption list to supplement the punitive damages system based on the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests.The calculation model of punitive damages should be scientifically constructed to increase the comprehensive considerations with the subjective factors including intention,negligence and gross negligence of the operator and objective factors such as the benefit of the operator.