The Effectiveness Evaluation Of Three Times Punitive Damages In The Law On The Protection Of Rights And Interests Of Consumers

In order to strengthen the punishment and deterrence of operators’ behaving fraudulently and encourage more and more consumers to safeguard their legitimate rights and interests through litigation,on March 15,2014,the long-awaited Law on the Protection of Rights and Interests of Consumers(2013)triple punitive compensation system in academic and practical circles was implemented formally.However,it is still doubtful whether this governance model of triple punishment could be more effective than the previous in use double punitive compensation model in reducing the fraudulent behaviour of managers.Thus evidence-based research should be carried out to use“evidence” to talk.To this end,in the eighth year of the implementation of the Law on the Protection of Rights and Interests of Consumers(2013),this paper relies on combined data from abundant judicial practice cases,embraces the approach of evidence-based law,and provides value analysis and case analysis methods to carry out an empirical analysis.It also attempts to scientifically evaluate the effects of implementing the triple punitive damages system,trying to dig out the various problems existing in the process of implementing the system and put forward feasible suggestions based on evidence.This paper is divided into three parts: introduction,body and conclusion.The main body of this paper includes four parts:Part 1 puts forward the research question.Firstly,from three aspects of system background,theoretical support,and practical experience,this paper discusses the foundation of the triple punitive compensation system and the high expectations of the community to triple punitive compensation.Secondly,it expounds on the objective phenomenon that the operator’s fraudulent behaviour will not stop despite the repeated prohibition in reality,which causes thinking about the triple punitive compensation system’s actual utility.Finally,this paper puts forward the research topic: whether the triple punitive damages system works fruitlessly,or reduces fraudulent behaviour operators more effectively than the double punitive damages system.It summarizes the merits and demerits of the triple punitive damages system based on evidence and finally puts forward suggestions for improving the punitive damages system.Part 2 carries out an evidence-based analysis of triple punitive damages.Building a framework from evidence-based research using big-data statistics software and comparing data and analysis from 3848 eligible cases,carrying out a study on these cases,then investigating the implementation effect of the triple punitive compensation system on operators,producers and consumers,as well as the actual effects on the realization of the legislative purpose,and draws the final research conclusion.Part 3 puts forward the existing problems of the triple punitive damages system.Using evidence-based analysis concludes that the unclear legal concept,different judicial standards,coexistence of pros and cons of professional anti-counterfeit practice,and the omission and error of the judgment documents are the main problems that restrict the effective implementation of the triple punitive damages system.In Part 4,drawing from three perspectives of legislation,law enforcement and justice,this paper puts forward specific suggestions,such as optimizing the legislative design of “fraudulent behaviour” in the Law on the Protection of Rights and Interests of Consumers,exploring the establishment of a civil public interest litigation system of punitive compensation,and issuing a punishment system for operators and producers who break trust.