A Study On The Punishing Compensation System In The Protection Of Consumer Rights And Interests Law Of China

With the frequent development of social and economic activities,each individual individual in the modern society will inevitably become a member of the consumer.Consumers are vulnerable to unfair treatment because of their weak position in the economic activities of purchasing goods or receiving services.Therefore,the protection of consumer rights plays an important role.The first mention of punitive damages was in the Consumer Protection Act of 1993(hereinafter abbreviated as “Coverage”),but the concept of accurate regulation was not clearly defined until the 2013 amendments.The concept has been officially written into the legal system.Therefore,it can be seen that our country is paying more and more attention to consumers.In particular,in the newly revised “Consumer Law”,the legal norms provide more in-depth explanations and specifications for punitive damages.However,there are still controversial issues in the process of impaired consumer rights and the application of punitive damages.It is necessary to explore and ponder.Some scholars have put forward their own views on the main body of the protection of the "Cultural Law" and believe that the "Cultural Law" should protect the natural person in a disadvantaged position.It does not include the unit because the unit itself does not belong to the category of vulnerable groups;Scholars put forward their own views on the amount of punitive damages.They think that the amount of punitive damages should have no upper limit.In the face of changes in the economic structure,the amount of punitive damages and the calculation model should be changed.It is necessary to adapt to the economic conditions of business operators and consumers;some scholars think about the phenomenon of “fake and buy fake goods.” They believe that it is possible to reward those who intentionally crack the fake,in order to encourage counterfeiters to report some businesses.Violations of the law to achieve the effect of disciplinary punishment.The author believes that,first of all,the object of protection in China's "Cultural Law" is the consumer.The consumer's identification should be determined and combined with the actual situation.The natural person who knows the fake and buys fake or any other natural person who should enjoy the consumer's rights should be deemed as the consumer.By.Secondly,to set the range of compensation,it is necessary to protect the legitimate rights and interests of consumers,but also to consider the scope of the operator's tolerance,legal liability of illegal operators should be consistent with their degree of fault.Finally,with the increasing social and economic activities,consumers' awareness of rights protection has been gradually strengthened.Consumers' claims for punitive damages have also increased with the loss of their own interests.The types of economic activities in China have gradually diversified,In addition to the prosperity of the real economy,online shopping platforms have also risen,and some new types of consumer fields have emerged as well as special goods or services.the problems consumers face in shopping are becoming more and more complicated.Therefore,the application of punitive damages It should be advancing with the times and constantly improve the procedural system of punitive damages in the "Cultural Extinction".The issue of the application of punitive damages to new types of consumption should be regulated at the legal level.