Research On The Application Of Punitive Damages In The Law Of China On The Protection Of The Rights And Interests Of Consumers

The punitive damages in China "consumer rights and interests protects a law" clause that the law article 55,is the important content in the consumers'rights and interests protection in China,it is set to curb operators in the field of consumption is the purpose of contract fraud and intentional tort.But in judicial practice,punitive damages clause has not fully developed its punishment,curb,compensation,encouraging function,there is still a narrow scope,applicable conditions of rigid,punitive compensation Settings,etc.This undoubtedly affected the application effect of the punitive indemnity clause.Based on the analysis of typical cases,and punitive damages provisions apply to outline its focal point in the applicable,teasing out the status quo,and against the status quo,and thus improve the terms of the corresponding measures are put forward,in order to achieve improved its applicable,exert its function of the target.First of all,this paper summarizes the focus issues by case comparison analysis,such as "consumer" identification problem;Subjective state identification and burden of proof in tort cases;The dilemma of punitive damages for high price goods;Secondly through the comparative analysis of old and new "consumer rights and interests protects a law" can state the punitive damages provisions of the provisions in the evolution of suitable for the actual effect,analysis in the diagnosis of new terms,provide the basis for subsequent analysis;Thirdly,through the legal analysis of focus problem,explain the reason of the problem and some viewpoints of scholars on this issue.Finally,aiming at the focus problem,the author puts forward the hypothesis of living consumption for "consumers";The infringement case expands the scope of"knowing" the connotation,increases the gross negligence situation,and reduces the burden of proof of the consumer;We should improve the punitive damages standard and other measures in order to play the role of punitive damages.