On The Degree Of Punitive Damages In China’s Consumer Rights Protection Law

The punitive damages system originated from the field of tort liability.Since the introduction of this system in the Consumer Protection Law of the People’s Republic of China(hereinafter referred to as the “Consumer Law”),it has cracked down on improper business behaviors to a certain extent and protected consumers.Legitimate interests.The revised punitive damages system has expanded the scope of application,but there are still many problems in its application that restrict the system from exerting its due role.Legislation is lagging,so it also brings difficulties to judicial application.In the era of the Civil Code,the Supreme People’s Court’s Opinions on Several Issues Concerning the Implementation of the “General Principles of the Civil Law of the People’s Republic of China”(hereinafter referred to as the “Civil Law of the People’s Republic of China” General Opinions)are no longer applicable,and the issue of consumer fraud identification standards needs to be resolved urgently.On the subject matter,whether the patients of medical beauty services have consumer status is controversial in academic circles,which brings difficulties to judicial practice.In addition to the continuous emergence of commercial housing disputes,in 2021,the new Supreme People’s Court Interpretation on Several Issues Concerning the Application of Laws in Trial of Commercial Housing Contract Disputes(hereinafter referred to as the "Commercial Housing Sales Contract Judicial Interpretation")deletes the punitive compensation clauses.There are constant disputes over whether to apply the punitive clauses of the Consumer Law to safeguard rights.Inherent problems have not been properly dealt with,and new problems in application continue to arise.The existing punitive damages system has insufficient means to deal with new situations.Based on the existing general theories,this article analyzes and analyzes the problems of punitive damages in the Consumer Law.Put forward suggestions for amendments,hoping that the system can play a greater role in maintaining market order.In addition to the preface,this article is divided into three parts.The first part mainly analyzes the general theories related to the punitive damages system.Define punitive damages,clarify the concept,introduce the characteristics of the system in "Consumer Law",conduct a detailed analysis of the legal attributes of punitive damages;explain its theoretical basis;take the characteristics of punitive damages and the attributes of economic law as the main entry point,To explore the necessity of introducing this system into my country’s "Consumer Law".The second part summarizes the current legislative status of the punitive damages system in my country’s "Consumer Law",and mentions some existing problems: the ambiguity of the applicable conditions,the unclear scope of the subject,and the narrow scope of the object.These problems hinder the system’s development.For specific application,the system itself still has shortcomings and needs to be continuously improved.Therefore,this article will sort out and discuss in detail the existing problems of "Consumer Law".The third part is mainly the suggestions for completing the punitive damages system of "Consumer Law".Provide targeted suggestions on the many existing problems of the punitive damages system of the "Consumer Law" : clarify the applicable conditions of punitive damages,clarify the scope of the subject and object of the system,with a view to perfecting relevant legislation,ensuring that the system is effective and becoming a consumer A weapon for the protection of rights and interests.