Research On Punitive Compensation System Of Consumption Public Interest Litigation

With the rapid development of China’s economy,the scale of consumer market is constantly expanding,and consumption has become one of the troika driving economic development.In the process of marketization,product producers,sellers and service providers gain economic benefits through active market behavior,and consumers meet their material or spiritual needs by purchasing products or services.However,in the consumer market,due to the profit-seeking characteristics of producers and operators and the asymmetric information among market players,illegal acts that infringe on consumers’ rights and interests frequently occur,and vicious illegal acts that cause many consumers’ rights and interests to be damaged also frequently appear.Consumer public interest litigation is an important way to protect consumers’ rights and interests.Applying punitive damages in this kind of litigation can effectively curb illegal activities in the consumer field,thus protecting consumers’ rights and interests and consumer public interests.The breakthrough point of this paper is the punitive damages system of consumer public interest litigation.By using research methods such as literature research,problem research and comparative analysis,the relevant theoretical basis is sorted out and studied,combined with the consideration of actual cases,On the basis of demonstrating the necessity of punitive damages system in consumer public interest litigation,this paper analyzes the current problems of the system: the applicable conditions of punitive damages are not clear and the applicable scope is narrow,the qualification of the subject of punitive damages litigation is not clear,the factors for determining the amount of compensation are not considered comprehensively,the total amount of compensation is not operable,the losses in consumer public interest litigation are difficult to count and prove,the ownership of compensation is unclear and the distribution management mechanism is missing.Based on the analysis of existing mature practices abroad,combined with China’s practice,the author proposes that the subjective and objective conditions for punitive damages should be clarified,the scope of application should be expanded in specific fields,the qualifications of the consumers’ association and the procuratorial organs for filing applications should be clarified,the compensation amount should be set flexibly and reasonably considering various factors,and the efficiency of proof should be improved through Internet technology.It is of positive theoretical and practical significance to study relevant systems and put forward suggestions based on them.