| Punitive damages system originated in Britain,developed in the United States,has a history of more than 200 years.As a special way of compensation,the system of punishment and compensation,which belongs to the criminal and administrative fields,is incorporated into the civil field in the process of development and evolution,which breaks through the traditional principle of compensatory compensation for damages.The Consumer Rights and interests Protection Law of the people's Republic of China(hereinafter referred to as the "Consumer Law"),which also adheres to the principle of compensation and filling,was the first to enact legislation in China in 1994.Punitive liability is provided for the first time in article 49.Since then,the Food Safety Act,the Tort liability Act In October 2013,the "Judicial interpretation of the purchase and sale of commercial housing" also stipulated the punitive liability one after another.The standing Committee of the National people's Congress deliberated on and adopted the decision of the standing Committee of the National people's Congress on amending the Law on Protection of Consumer Rights and interests of the people's Republic of China.This revision is based on the implementation of the law for 20 years and after synthesizing various practical achievements.And in article 55,the punitive damages system is again provided for in a more comprehensive and detailed way,from the provision of benefits to consumers Proceeding from the legislative value orientation of protection,we should strengthen the punitive damages,expand its scope of application,and try to protect the rights and interests of consumers more effectively.All kinds of signs show that the punitive damages system has never been paid more attention.However,although the punitive damages system has been stipulated in many laws,the reality is not optimistic,and the incidents of harming the rights and interests of consumers emerge one after another,especially today when the protection of consumers' rights and interests is particularly prominent.It can be seen that punitive damages have not yet played their due role in the protection of consumers in our country,and the root cause of this dilemma lies in the imperfect legislation.Therefore,in view of the specific provisions of punitive damages and the problems existing in its application in the Consumer Law,the author,on the basis of analyzing the legaltheory of the system,will make a thorough analysis of the causes,at the same time,Comparative absorption of the two major legal systems of foreign countries in this respect On the basis of analyzing and summing up these deficiencies,the author puts forward the concrete ideas and measures to perfect the punitive damages system of our country.In addition to the introduction and conclusion,the text consists of the following four parts:The first part mainly discusses the general theory of punitive damages system in consumer rights and interests protection law.Based on the characteristics and nature of punitive damages system,the theoretical basis and practical significance of introducing punitive damages into consumer rights and interests protection law are re-examined.Then the article 55 of the Consumer Rights and interests Protection Law is interpreted,which is mainly based on the basic concept,basic characteristics and the interpretation of the law as the source of the study,and supported by the punitive damages system theory,a comprehensive discussion.The second part mainly analyzes the problems and causes of punitive damages system in consumer rights and interests protection law.The punitive damages system has two outstanding characteristics.One is that the punitive damages system is mainly stipulated in the field of consumer protection,the other is that it adopts a decentralized legislative model in the legislative mode.That is,its provisions are covered in various departmental laws,which makes it special in terms of specific applicable conditions and standards of amount.Through comparative analysis,we can see that there are many problems in punitive damages in the current "Consumer Law" in our country.However,the emergence of these problems hinders the specific application of the system,especially It is manifested in the harsh conditions of application and the limited amount of compensation.The causes of this situation are closely related to the conflict of legal concepts and the weak legal basis.The third part is mainly about the comparative investigation of the punitive damages system outside the region.The specific content of this part is to examine the current punitive damages system in Anglo American and continental law countries by combining with the present social environment in China to find out the shortcomings of our country,so as to seek useful references.The fourth part is the specific ideas and measures to perfect the punitive damages system in the consumer rights and interests protection law of our country.On the basis of the analysis and summary of the first three parts,this part establishes the standard for the scope of subject and object,subjective elements and compensation in the "Law of Elimination".In order to perfect the relevant legislation,the system of consumer rights protection procedure and the mechanism of external supervision need to be perfected,and the feasible system design is put forward for the application of punitive system in the "Consumer Law".To protect the legitimate rights andinterests of consumers to contribute their own modest efforts. |
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