Research On The Punitive Compensation System In The Consumer Protection Law

Punitive damages system was first proposed by developed countries,such as Britain,the United States,France,Japan,Germany and other countries,and compensatory compensation system has the essential difference.The punitive compensation system has not yet formed a complete system in our country,and the theory and legislation are not fully connected.At present,from the point of law,our country's punitive damages system is mainly used in the field of consumption and tort field,although there are significantly different between the two,in their respective fields also exist obvious conflict.However,we can still see that the punitive damages system needs to rely on legislative means and cannot be verified by theory.Today,the punitive damages system has been established and gradually extended to other areas.In 1993,China promulgated the "consumer rights and interests protects a law" the article 49,the punitive compensation system for the specific provision,but the punishment to fraud,the regulation from the date of birth,has been controversial from the social from all walks of life.In the consumers' rights and interests protects a law "the article 49 as punitive damages is based on the original since China's basic national conditions at that time,lead to the system is aimed to hit the market in the economic crime,make the consumers' rights and interests can be protected.However,under the advancement of the trend of The Times,the punitive compensation is suitable for the double compensation regulation cannot apply to economic disputes,including double compensation system cannot meet the demand of cases,and in the fraud that there are many defects and damages.Therefore,in 2013,the revised "consumer rights and interests protects a law",perfect the punitive damages,modified the shortage of the enable it to better use to the consumer rights protection,and to combat illegal businessmen has profound significance.Article mainly divides into six parts,the first part is the introduction,describes the research background,significance,literature review and the related content,and then by using literature method,analysis method and empirical method,explore the topic;The second part,the paper analyzes the "consumer rights and interests protects a law" in the meaning of punitive damages,including deterrence and restrain the illegal ACTS related to operators,arouse the enthusiasm of consumers' rights protection,etc.,as well as the evolution process of the system,a preliminary research on the content summary;In the third part,the author expatiates on the reasons and reasons for the application of "knowledge false buying" in punitive damages,as well as the author's views on these two views.The fourth part,summarizes the treatment method of the punitive damages in the fraud,from the different cognizance view of experts to fraud,tells the operator judged and objective behavior,subjective state;In the fifth part,according to the problem of punitive damages,the corresponding settlement strategies are formulated,including: stipulating the scope of compensation amount,choosing the appropriate calculation model,setting the explicit amount standard,etc.The sixth part is the summary of the full text.Through this study,we hope to strengthen the understanding of the punitive compensation system.