| In today's society,the operation of all walks of life is related to the vital interests of consumers,especially in the aspect of food and drink,which is the source of life.The health and safety of consumers are threatened by the “melamine” milk powder incident exposed in 2008 and waste oil in 2011 and so on.The punitive damages system was first established in Law of the People's Republic of China on the Protection of Consumer Rights and Interests passed in the 2013.The Interpretation of Several Issues Concerning the Applicable Law of the Supreme People's Court on the Trial of Consumer Civil Public Interest Litigation Cases,which was passed on February 1,2016 and began on May 1,2016,has made definite stipulation on the subject,the conditions,the claims,etc.But the plaintiff of the consumer civil interest litigation is not given the right to damages.In theory,there is a big controversy about the application of the punitive damages system,and there are also many problems in practice.As a special form of legal liability,punitive damages liability has special functions to make up for the defects of traditional private law and public law.The punitive damages system has multiple functions of punishing illegal operators and compensating for consumers.China's consumer civil public interest litigation should be regards from a unique and comprehensive perspective.In order to more intuitively reflect the violation of consumer rights in judicial practice and the specific situation of consumer civil litigation judicial practice,the author visited the China Consumers Association,China Referee Document Network and other websites to collect sample data.Among them,the first sample data is the complaints received by the National Consumers Association from 2013 to 2018;the second sample is the case of consumer rights protection cases from C City Intermediate People's Court from 2016 to 2018;the third sample is the trial of the national consumer civil public interest litigation case from 2015 to 2018.The combination of dynamic and static quantitative methods are adopted in this paper to analyze the characteristics of consumer civil public interest litigation cases through empirical analysis.The text of this article is divided into four chapters.The first chapter introduces the background,the theoretical and practical significance,the legislation and research status of consumer civil litigation and so on.The second chapter defines the concept of consumer civil public interest litigation,clarifying the nature of punitive damages and in-depth study of the function of punitive damages system,discussing the proper application of punitive damages system in consumer civil public interest litigation.Chapter III: The third chapter analyses the cases from two parts.Taking the case of Chen ' s criminal incident civil public interest litigation case in the Anyue County People's Procuratorate of Sichuan Province as an example.In the absence of express provisions,the plaintiff of the consumer civil public interest litigation has filed a punitive claim as a litigation request and the court has also fully supported it and conducting a judgment on 70 consumer civil public interest litigation cases collected in the China Judgements online and analyzing the problems existing in the application of punitive damages system in consumer civil public interest litigation under the current legal system.Chapter Four: Proposing to apply the punitive damages system in consumer civil public interest litigation: reasonably determine the calculation standard of punitive damages;set up special public welfare The fund manages punitive damages;punitive damages should be deducted from criminal fines;plaintiffs should pay litigation costs in accordance with the State Council's Measures for the Payment of Litigation Fees.The litigation fee is ultimately borne by the losing party.In order to prevent the plaintiff from abusing the right to appeal,a pre-trial review system should be established and so on. |
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