Research On Punitive Damages In Consumer Public Interest Litigation

This paper focuses on the application of punitive damages in judicial practice in the process of the system operation.At present,there are some legal gaps in the application of punitive damages in the field of consumer public interest litigation,leading to different views in the theoretical and practical circles.In the context of the increasing number of consumer public interest litigation cases,systematic research on this issue is of great value to promote the optimization and development of consumer public interest litigation system.This paper from the following four aspects to carry on the analysis,the first part mainly introduces the consumer public welfare lawsuit basic theory of punitive damages,from the consumer public interest litigation and the connotation and the historical development of punitive damages,punitive damages in the process of system for paper expounds the connotation and value,at the same time the consumer public welfare lawsuit claims to type a comparative study.The second part demonstrates the necessity and feasibility of the application of punitive damages in consumer public interest litigation and provides a theoretical basis for the perfection and development of the system.The third part,through the retrieval and analysis of relevant judicial documents,understands the current judicial status quo of China,and points out the existing problems in the application of punitive damages in the field of consumer public interest litigation: It also summarizes and analyzes the causes of the problems and the viewpoints of the academic circle.The fourth part of our consumption public interest litigation punitive damages system to improve the aspects of suggestions,including in the application conditions,should be clear punitive damages normative elements,in accordance with the principle of modesty,the establishment of expert argumentation system and hearing system,standardize the application of punitive damages system;In terms of the calculation standard of punitive damages,the sales price is determined as the punishment base,the elastic interval model is implemented in the punishment coefficient,and the accounting appraisal system is introduced to guarantee the accuracy of the calculation.In terms of the attribution management of punitive damages,it is advisable to establish the victimized consumer as the owner of the right,refer to the prescription system to further improve the distribution system,and implement the consumption public welfare fund model to standardize the management;In terms of the relationship between punitive damages,criminal fines and administrative fines,the model of parallel liability application is carried out.When determining punitive damages,factors such as fines and fines should be considered as appropriate,and the active payment of punitive damages should be taken as the circumstances of discretionary sentencing,so as to realize the effective connection between the three responsibilities.