Study On The Punitive Damages Of The Internet Consumption

With the popularity of the Internet and smart phones,and the rapid growth of online consumption,the number of online consumer dispute cases has also risen sharply.Among them,fraud cases are the main form of expression.In dealing with such cases,punitive damages have been widely used in judicial decisions.Therefore,the study of punitive damages in online consumer disputes has very important theoretical and practical significance.Network consumption refers to the activities or activities that consumers use to establish a trading or service relationship with an operator using the Internet information technology platform as a medium.Compared with traditional consumption,online consumption has unique features,such as the virtual nature of network consumption,breaking time and space,relying on third-party platforms,and assisting logistics express delivery and electronic payment.These characteristics have led to many difficulties and problems in punitive compensation measures that have been applied to traditional consumption in the past when they are used to resolve online consumer disputes.The main manifestations are: the scope of online consumer liability is unknown,network consumers have difficulty in obtaining evidence,and network consumption fraud is identified.Special and online consumers have inconveniences in protecting rights in different places.In order to solve the above difficulties and problems,at the macro level,on the one hand,the “Electronic Transaction Law” that specifically regulates online consumption should be introduced as soon as possible;on the other hand,if the existing legal provisions cannot protect the rights and interests of online consumers,they can pass the judicial The explanation is to make up for loopholes in existing laws.At the micro level,on the one hand,consumers should be guaranteed the right to choose the benchmark for punitive damages(the price of the subject or their own loss),raise the minimum amount of punitive damages,and protect the rights and interests of small consumers;on the other hand,they should break Traditional geographical jurisdictional restrictions,the establishment of network mediation platform and network courts.