On The Consumer Protection Act Punitive Damages Perfection

Punitive damages system as laws exist in the legal system, mainly in the Anglo-American law system. With the constant improvement of market economy and the rights consciousness of people is increasing day by day, for the consumer rights in the field of security is more and more a matter of concern to people, one of all countries in the corresponding to this on the punitive compensation system in the protection of consumer attention gradually, has been found in the legislation in many countries in the corresponding provisions. Under such a big trend, building accords with the situation of our country in the practical system of punitive damages is the age of every legal person needs urgently to face.First "consumer rights and interests protects a law" (hereinafter referred to as the "old" elimination) in article 49 of the punitive damages system, which is beneficial to prevent the illegal operation of operator behavior, arouse the enthusiasm of consumer rights protection, maintenance of market normal trading order, etc. The punitive compensation system, however, failed to within the scope of the larger effectively play its role and function. Realistic consumption environment for the public demands are put forward. Therefore, our country in 2014 of the "consumer rights and interests protects a law" (hereinafter referred to as "new" elimination) revised the punitive compensation system related content. Such a modification of the content, although to a certain extent, solve the serious problems of consumption in our country, but it also exposed a lot of defects. Many deficiencies, first of all, there is no clear definition to the "customers" concept, has caused many consumers to appeal could not be in accordance with; Second, the scope of application of punitive damages liability narrow, makes the universality of the system variation; Finally, the rules about the punitive compensation is not science, not only low penalties, and often appear "different connection with the sentence" awkward situation. Based on the above problems, the author USES the history method, case analysis, comparative analysis and other research methods, on how to perfect the system of punitive damages in China (hereinafter referred to as the elimination)"elimination" put forward their own opinions and suggestions, I hope a little contribution to the rule of law undertakings. This paper is divided into four parts besides preface and conclusion:The first part is an introduction to the general of punitive damages system. Specific include:the definition, characteristics, function and rules before and after modification.The second part is about the system of punitive damages in the protection of consumer rights and interests outside the introduction and reference. The author from the current world is advanced of Britain, the United States and Australia the specific law of three kingdoms, describes the three specific legal provisions and relevant details. In the system of other countries to build at the same time, also is our country perfect the system of a reference in the future. Based on the basis of the situation of our country, the author attempts through to the different rules in different countries, to find a can according to the actual situation of our country’s legal mode, build a model to be discarded the corresponding legal norms in our country, so that can from the aspects of system integrity to ensure correct and effective implementation of punitive damages system, rather than a fragment of the imitation. Absorb and draw lessons from their experience for the fourth part brings forward suggestions.The third part is the system of punitive damages in our country’s "elimination" analysis of the problem. This part emphatically from the Angle of the system of our country, deficiency of punitive damages system to discover and analyze.The fourth part is the improvement of the corresponding to the above questions and countermeasures. Hope in the later legislation and judicial interpretation is improved. First,to define the concept of "customers", make consumers’ legal demands can be implemented; Second,enlarge the scope of punitive damages liability, make illegal behavior and illegal behaviors are not cracks; Finally,perfect the provisions on punitive damages, not only to increase the intensity of punishment, but also unified the specification, to avoid the phenomenon of "sunrise east west rain", let the wind of fairness through the every corner of the earth.Innovation point of this article is mainly on the "will" should be consumer rights groups "into" consumers concept of the friendly measures. Scholars research on the concept of "customers" train of thought is mainly "people fake fake" if customers, unit can apply "elimination" and so on, but for the consumer contract opposite party requests the punitive damages is the legal basis of but it seldom involved, not only conducive to the legal system unification, and for illegal behavior person to the legal loopholes, finally does not favor the healthy development of market economy. The author new perspectives to define "customers" advice, to contribute to. However, limited to the author’s knowledge level and the research field of vision, this paper is the following two points:first, to related information from the Angle of comparative law, draw lessons from more countries; Second, the analysis of the existing punitive damages system in China.