Research On Punitive Compensation System Of Consumer Public Interest Litigation

With the development of our material foundation,Product Infringement gradually shows the characteristics of large scale and wide range.Some illegal businesses pursuing interests seek personal interests at the expense of damaging the legitimate rights and interests of many consumers.In recent years,such phenomena are common.However,as an individual consumer,restricted by many factors,it will eventually ignore,even give up the legal weapons to protect their own legal rights and interests.The civil procedure law and consumption of our country give the right to bring a lawsuit to the procuratorate and Consumer Association.The system of consumer public interest litigation established formally is the best way to solve this problem.However,the subject of public interest litigation is also affected by many factors such as high cost of prosecution,long litigation cycle,unclear real right holders,etc.,which leads to the lack of motivation for bringing public interest litigation.Moreover,if the filling rules are strictly applied only to the right to compensation compensation,the illegal operators are still willing to take risks for huge profits.So,how to punish and warn illegal operators to achieve the purpose of legislation is an urgent problem.The main problem in the application of punitive damages in consumer public interest litigation is that the legislative provisions are not clear,and the characteristics of public interest litigation make the results of the case judgment different.Although the civil code,the law on the protection of consumers’ rights and interests and the interpretation of some problems concerning the application of laws in the trial of consumer civil public interest litigation cases all stipulate the consumer public interest litigation and punitive damages,the scope of the litigation request is summarized in one equal word after four affirmative statements,which leads to the court only referring to the relevant judicial interpretation,thus producing a judgment Differences.Secondly,consumer public interest litigation has its particularity,the case involves a wide range of parties,involving more parties,and each party involved in the funds is usually not very large,which makes the collection of relevant evidence difficult.When the association brings punitive damages in the lawsuit,the amount of the subject matter and the attribution of the final punitive damages are quite vague under the current legal system.For judges,it is very difficult to apply punitive damages in public interest litigation.The calculation of punitive damages based on the sales amount of illegal operators usually leads to large expenses.This will certainly increase the cost of illegal operation and give a heavy blow.However,once applied carelessly,it will be counterproductive and will be unfavorable to the development of China’s economic market.In view of the above problems,this paper focuses on three cases,and is divided into the following parts for analysis and research.The first part is the introduction.This paper discusses the background and significance of the thesis writing from the practice,and states the research status of punitive damages and public interest litigation at home and abroad,and finally introduces the writing methods of the paper.The second part is a brief introduction of the case.This paper briefly introduces the basic case of three typical cases of punitive damages applied in consumer public interest litigation,and then summarizes the three main controversial points to be discussed in this paper through the analysis of the court judgment point of view.The third part is the legal analysis.This paper analyzes the focus of the above-mentioned disputes,and discusses the theoretical legitimacy,qualification of the subject,nature and attribution of punitive damages,punitive damages,administrative and criminal liability of punitive damages.The fourth part,enlightenment and suggestions.According to the legal analysis of this paper,the author draws a conclusion on the focus of the dispute,and puts forward some suggestions on the legislation of punitive damages,the way of payment distribution and how to cooperate with the Internet trading platform to protect the rights.