The Research On The Matters Of Local Character Of The Creative Local Regulations

The punitive damages rules under the Consumer Protection Law and the Food Safety Law in China are numerous and complicated,and therefore judicial practices vary in confusion.The first chapter and the second chapter of this article aim to coordinate the system of Article 55 of Consumer Protection Law and Article 148(2)of Food Safety Law from the perspective of legal interpretation,and draw the following conclusions:(1)the latter shall be prevail when Article 55(1)of the Consumer Protection Law conflicts with Article 148(2)of the Food Safety Law;(2)it shall be solved within the framework of “concurring claims” when Article 55(2)of the Consumer Protection Law conflicts with Article 148(2)of the Food Safety Law;(3)In light of the theory of the object of the civil action and judicial practice,it shall enhance the judge's interpretation obligations.In the third chapter of this article,it further considers the issue regarding function of punitive damages in China,reviewing the construction of the functional value of punitive damages in the past,and drawing lessons from the judicial practice and theoretical controversy of punitive damages in the United States,it held that the principles of procedural justice and proportionality shall be taken into account when applying to punitive damages.The punitive damages based on such functional value shall adhere to the following three points in judicial practice:(1)the reprehensible nature of the wrongdoers;(2)the principle of punishment;(3)the reform of punitive damages payment.