Research On The Issue Of Punitive Damages Of Consumer Public Interest Litigation

In recent years,large-scale consumer group rights damage incidents have occurred frequently.Several cases of punitive damages in consumer public interest litigations in Guangdong have also made the issue of punitive damages in consumer public interest litigations become the focus of consumer protection.It is worth mentioning that China’s relevant laws and judicial interpretations have failed to make clear provisions on punitive damages for consumer public interest litigation,and academics also have great differences on this issue.In this context,systematic research on the issue of punitive damages in consumer public interest litigations has an important theoretical and practical value.This article intends to analyze the issue of punitive damages in the field of consumer public interest litigation under the title of "Research on the issue of punitive damages of consumer public interest litigation".The overall framework of the full text is to first sort out the systematic research status at home and abroad,elaborate the theoretical basis of punitive damages in consumer public interest litigation,that is,the meaning and history of punitive damages and consumer public interest litigation,the definition and nature of punitive damages of consumer public interest litigation,and then analyze the necessity and feasibility of the application of punitive damages in China’s consumer public interest litigation,that is,as a legal means to protect the public interests of many unspecified consumers and punish unscrupulous producers and operators,the punitive damages of consumer public interest litigation have the necessity to make up for the lack of traditional compensation models and prevent damage to consumer public welfare as well as have the feasibility of legislation and judicial practice.At the same time,on this basis,it focuses on the issue of the application conditions of punitive damages of consumer public interest litigation in China,the issue of the qualification of consumer public interest litigation of the consumer associations and prosecutor’s offices,and the issue related to the determination criteria and distribution management of punitive damages,and finally,it puts forward some corresponding legislative suggestions for the above four main issues,intending to provide some reference for the operation of punitive damages practice in consumer public interest litigation in the future.