| With the development of public interest litigation system in China,the number of public interest litigation cases is increasing,which effectively protects public interests in various fields.But on the whole,our public interest litigation system is still in its infancy.Therefore,most scholars prefer to build the basic rudiment of public interest litigation from a macro perspective,determine the basic framework of public interest litigation,and improve the system of public interest litigation.From the relatively micro perspective of the calculation of compensation for damages in consumer civil public interest litigation,this paper,through the analysis and improvement of the calculation of consumer civil public interest litigation,guides the concrete problems in judicial practice and promotes the progress and development of consumer civil public interest litigation system through the coordination of theory and practice.This paper points out the problems in the judgment by dividing Xu’s judgment on "Civil Public Interest Litigation of Fake Salt Consumption Series" in Guangdong Province.It is believed that the calculation method of compensation for damages in consumer civil public interest litigation confuses the boundary between public interest and private interest,and does not reflect the protection of consumer public interest.The amount of compensation for damages in judgment is not the amount of damage to consumer public interest.The reason for the appearance of such a calculation method is that there is a legal gap in the calculation of damages in the current consumer civil public interest litigation in China,which makes the judges face an awkward situation that can not be relied on.This has led to the current consumer civil public interest litigation cases in China are mainly "injunction litigation" or "apology for compensation" litigation,the progress of the damage compensation system has been hesitant.Through the analysis of the public interest in the field of consumption,this paper lays a theoretical foundation for this article.The author believes that public interest is not a collection of private interests,but an independent and indivisible overall interest.In order to avoid the public interest being too abstract and to clarify the public interest in the field of consumption,the author positioned it as the order of transaction in the consumer market by enumerating.After defining the public interest,first of all,make a clear distinction between public interest and private interest in the field of consumption,in order to prevent the confusion of public interest and private interest in actual cases,so that the calculation method of improper damages appears.Secondly,through the "duality" analysis of consumer torts,we can clarify the relationship between public and private interests in consumer torts.It holds that public interest and private interest are the legal responsibilities of different departments caused by the same tort.In modern society,they are closely related and inseparable,and there is no conflict between them in the same consumption tort.Finally,there are two main aspects in defining the calculation standard of compensation for damages in consumer civil public interest litigation.One is the calculation of the amount of damages caused by the public interest itself.In view of the characteristics that the public interest itself is difficult to accurately measure,the author believes that the discretionary system of compensation for damages can be adopted to solve the problem,and the discretionary elements and the discretionary power of judges can be improved to avoid the discretionary system as much as possible.Adverse effects.Secondly,the application of punitive damages should be improved.Punitive damages are aimed at acts that damage the public interests of consumers.The basis of punishment should be the amount of damage determined by the public interests,not the total sales price of illegal operators.Through this calculation method,we can avoid the confusion of public and private interests in consumer infringement,better reflect the protection of public interests,and reflect the core value of consumer civil public interest litigation. |
