Research On Punitive Compensation In Consumer Civil Public Interest Litigation

Punitive compensation adheres to legalism.The application of punitive compensation in the field of consumer civil public interest litigation is still a legislative blank,but there are many cases where punitive compensation breaks through judicial practice in the absence of legislation,Different judgments such as the "Pork Pork Case" and "Fake Salt Case" make the application of punitive compensation in the field of consumer public interest litigation a hot topic of concern and discussion in recent years in theory and practice.The question of whether the punitive compensation request for consumer public interest litigation can be supported,and the determination of loss and the attribution management of punitive damages.This article takes three cases as the perspective,from the case dispute focus,legal analysis,legislative enlightenment,etc.Research and analysis,demonstrate that the application of punitive compensation in the field of consumer civil public interest litigation is necessary and operable,in line with the spirit of legislation,and the plaintiff should be allowed to file a punitive compensation request in public interest litigation.Judging from the constituent elements of punitive damages,the damages in consumer public interest litigation include direct pure economic damage and actual damage,but also include potential damage and indirect damage.The determination of damage should be considered comprehensively.The determination of punitive damages for consumer public welfare is based on the deterrent function.The determination of the punishment compensation coefficientshould not be determined in the same way as the punitive damages to individuals in the Consumer Protection Law and Food Safety Law,but should be Reconstruction is revised with reference to the total amount of illegal profits.In addition,in view of the multiple nature and function of punitive damages to compensate the vast number of injured consumers,as well as punishment and deterrent violations,punitive damages should be managed by an independent and specialized compensation fund management committee set up by the Consumers ’Association,and judgments should not be adopted Hand over to the Treasury.This article is divided into four parts,the first part is the introduction.The first part can be divided into three aspects,the first is the research background and significance,the second is the domestic and foreign literature research review,and the last is the research method.The second part is the case briefing and the focus of disputes.Three consumer public interest litigation cases are selected for brief introduction of the case,the similarities and differences in the application and determination of the punishment and compensation issues of each case are analyzed,and the three dispute focuses are summarized: Whether the plaintiff in the consumer public interest litigation filed a punitive compensation claim can be supported;how to determine the damage in the consumer public interest litigation;how to attribute and manage the punitive compensation in the consumer public interest litigation.The third part is a jurisprudential analysis of the focus of disputes in the case,and the corresponding questions are raised in the analysis:The legislation on punitive compensation liability in consumer public interest litigation is absent,and the plaintiff ’ s eligibility to file a punitive compensation request is in dispute;The damage definition scope of consumer public interest litigation is insufficient,and the identification process of damage in consumer public interest litigation lacks identification procedures;The calculation basis of punitive damages is not clear,and the attribution management standards of punitive damages are different.The fourth part is the conclusion and enlightenment of case analysis.Through thelegal analysis of consumer public interest litigation cases,the conclusions of the focus of disputes in the case are summarized,and corresponding suggestions are made for the issues involved in the application of punitive compensation in the field of consumer public interest litigation:Improve consumer civil punitive compensation legislation,clarify the source of rights and applicable prerequisites;Incorporate potential damage into the category of damage determination and introduce a system of expert witnesses to testify in court;Reconstruct the calculation standard of punitive damages and clarify the attribution management of punitive damages.