| The issue of punitive damages in consumer disputes is of great concern as the legitimate rights and interests of consumers have been seriously compromised and punitive damages to protect the public interest in consumer disputes are often at stake.The issue of punitive damages in consumer protection litigation is also gradually emerging in the theory and practice of consumer protection in China.It is noteworthy that punitive damages in consumer protection litigation are not explicitly provided for in relevant Chinese laws and court decisions,and scholars’ views on this issue vary.In light of this,a systematic study of punitive damages in consumer protection litigation would be of great theoretical and practical value.This article,entitled "A Study of Punitive Damages in Consumer Public Interest Litigation",provides a systematic analysis of punitive damages in the field of consumer public interest litigation.The general structure of this paper is as follows: first,it systematically summarizes the domestic and foreign research;second,it explains the theoretical basis of punitive damages in consumer public interest litigation,namely,the meaning of consumer public interest litigation and punitive damages,and the definition and nature of punitive damages in consumer public interest litigation;third,it explains the necessity and feasibility of applying punitive damages in China.Punitive damages are designed to protect the legitimate rights and interests of unspecified consumers by punishing unscrupulous producers and operators,which can not only make up for the shortcomings of the traditional compensation model but also prevent damage to the public interest of consumers,and can be implemented through legislation and judicial practice.On this basis,we will discuss the conditions for the application of punitive damages in consumer public interest litigation,the rights of consumer associations and procuratorial organs to exercise punitive damages,the criteria for awarding punitive damages in consumer public interest litigation,the award and management of punitive damages,and some legislative proposals for the future application of punitive damages in consumer public interest litigation,so as to provide This article provides some guidance for the future application of punitive damages in consumer public interest litigation.This article provides some clarifications on the future application of punitive damages in consumer public interest litigation for consumer protection. |