Research On The System Of Punitive Damages In The Field Of Consumer Contract

The 0riginal Consumer Protection Law,Article 49,as a symbol of the introduction of punitive damages in our country,after the legislation about two decades,revised to the new "Consumer Protection Law" of the first paragraph of Article 55.There are still a lot of controversy between its academic and practice,especially the conditions of punitive damages,the issue of false payment and the scope of punitive damages and so on.This article is intended to be based on the first paragraph of Article 55 of Consumer Protection Law,from the punitive damages to explore the consumer contract dispute applicable punitive compensation system related issues.And through the relevant legislative provisions,judicial cases,scholars point of view analysis to derive the general rules applicable to punitive damages with a view to providing a train of thought for the application of article 55,paragraph 1,of the Act.In addition to the introduction and conclusion,the full text is divided into four parts,about thirty-four thousand words:The first part is the meaning and function of the punitive damages system.The author intends to define the punitive damages in order to clarify the difference between compensation and compensatory damages.To extract the just basis of the application of punitive damages in the field of Consumer Contract through the specific understanding of the punitive damages of the penalty function,containment function,compensation function and the incentive function.The second part is the nature of punitive liability.Through the analysis of the various types of punitive damages of the nature of punitive damages stipulated in the first paragraph of Article 55 of the Law of the People’s Republic of China,it is considered that the punitive damages stipulated in the paragraph are special civil liability,lay the foundation of analyzing the application of punitive damages and determining the amount of punitive damages.The third part is the condition for punitive damages.Based on the existing laws and regulations and judicial interpretation,the author combs the conditions of applying the punitive damages system to deal with the dispute of consumer contract,and discusses the definition of the subject of the consumer contract,the composition of the operator’s fraud and the loss of the consumer.The main part of the consumer contract,clearly the operator,the concept of consumers,and affirmed the fake consumer fake consumer identity.In the part ofthe fraudulent conduct of the operator,the author divides the operator fraud into the contract when the fraud and performance of the fraud,focusing on the analysis of the contract fraud and made the same interpretation of the judicial interpretation.Loss of identification part,The author believes that the application of fifty-fifth paragraph of the first paragraph of the application of punitive damages is not the actual elements of the loss.The fourth part is the determination of the amount compensation of the punitive damages.The part is also divided into three sections.The first section analyzes the relationship between the effectiveness of consumer contracts and punitive damages.The second section analyzes the legislation and the academic point of view,sort out the rules for the calculation of the the amount of general punitive damages,that the amount of punitive damages should be determined to be better than the penalty principles and effective containment principles.The third section analyzes the existence of punitive damages,liability for breach of contract and tort liability,mental damage compensation and other special circumstances,punitive damages how to determine the problem.