Research On Punitive Damages In Consumer Public Interest Litigation

Broadly speaking,this thesis consists of four chapters.In the first part,the paper focuses on the confusion between the two litigation systems of consumer public interest litigation and consumer group litigation,which has led to confusion over the punitive damages system under the different litigation models.There is a partial overlap between public interest consumer litigation brought by consumer organizations and private interest consumer group litigation.The act of damaging the legitimate rights and interests of many consumers is not the same as damaging the public interest,public interest protection consumer group litigation is undoubtedly a consumer public interest litigation,does not have the function of private remedy;while private interest protection consumer group litigation belongs to the system of private remedy,has the unique institutional advantages.In the scope of application,the plaintiff’s qualifications and the right to sue,punitive damages,etc.should reflect the differences.In the second part of the paper,we discuss the nature of punitive damages in consumer public interest litigation.Consumer public interest litigation is a civil action and current legislation does not preclude its application for punitive damages.In public interest litigation involving consumers,judges disagree on whether punitive damages should be awarded.There is some overlap between the goals of public interest litigation and the goals of the penalty system,and punitive damages are neither administrative nor criminal liability,but civil liability in nature.In the third part of the paper,we discuss the calculation of punitive damages under consumer public interest litigation.Although it has become the norm for courts to calculate damages on the basis of sales,in practice the courts’ treatment of damages is contradictory and confusing.In civil,administrative,and criminal law,punitive damages are based on the sales of goods within a specific period of time,but it is not appropriate to offset punitive damages with administrative fines or criminal fines,and under the public interest litigation system,the size of punitive damages appropriate to the conduct of the parties may be determined at the discretion of the judge..In the fourth part of this paper,we discuss the treatment of punitive damages in consumer public interest litigation.On the management of the compensations,the judicial practice is not uniform and confusing.Punitive damages should not be managed by the state treasury or the prosecutor’s office,but by a specific social organization.Private interest issues should be resolved in private interest litigation,and consumer public interest litigation should focus on solving the problem of damaged public interest.Punitive damages in consumer public interest litigation should be used for consumer protection rather than for individual consumers.