Research On Punitive Damages In Consumer Public Interest Litigation

Although the development time of China’s consumer civil public interest litigation is short,it has made great contributions to the protection of China’s consumer rights and social welfare.In recent years,punitive damages,a relatively special way of taking responsibility,has appeared in consumer civil public interest litigation.Whether or not punitive damages can be used in consumer civil public interest litigation has caused great controversy in academic theory,especially in judicial practi ce.By searching for relevant cases,it is not difficult to find that many consumer civil public interest litigation cases have already started to use punitive damages,and more cases have not been used because of lack of judgment basis and other reasons.Even if judges make judgments by punitive damages,the applicable conditions of each case are different.Although consumer civil public interest litigation and punitive damages are not new things,the basis of using punitive damages in consumer civil public interest litigation needs further demonstration.If it is really used,the scope of the subject of punitive damages claim,how to use punitive damages,and the specific standards for the use of punitive damages need to be made clear.Consumer public interest litigation and punitive damages are consistent in purpose,both of w hich protect consumers’ rights and interests,and have practical significance in promoting the further development of public interest litigation and expanding the social benefits of punitive damages.Therefore,punitive damages can be added to consumer civil public interest litigation as a new way of taking responsibility.By giving consumers’ organizations and people’s procuratorates the right to sue,punitive damages in consumer civil public interest litigation can be realized.At the same time,the applicable conditions,calculation amount,etc.are further clarified,and the value of punitive damages in consumer civil public interest litigation can be fully exerted.