| The purpose of punitive damages stipulated in the Law of Protection of consumers' Rights and interests is to safeguard the interests of consumers and have a positive significance in balancing the interests of three parties: production,consumption and management.Under the condition of market economy,the status of producer and operator has natural advantages.The purpose of stipulating punitive damages system is to balance the balance and focus on the interests of weak consumers.In general,to a large extent,the punitive damages system can well realize the value of protecting consumers,and consumers can compete with the production and operators of superior positions in maintaining market order.Protecting the legitimate interests of consumers and fostering healthy economic development The environment has a huge effect.In 2013,the original Consumer Law was revised to significantly increase the proportion of punitive damages paid,and it once again strengthened the protection of consumers' interests.In the process of later application,it is found that punitive damages system still has certain limitations,for example,consumers bear a heavy burden of proof,and it is difficult to give full play to the advantages and values of punitive damages system itself.Therefore,the study of this has a certain value and reference significance.This paper is divided into four parts: the first part is an overview,from its conceptual characteristics,the basis of punitive damages system,the comparative analysis of the articles of law.The second part is to introduce the actual operation of our country's punitive damages system from many angles;The third part is to study the foreign punitive damages system,other mountain stone can attack jade;The fourth part is to draw lessons from other theories and experiences,take its essence,analyze the current situation of the application of punitive damages mentioned above,and put forward some reasonable suggestions for the perfection of the system. |
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