Research On Punitive Damages In Consumer Civil Public Interest Litigation

Since the implementation of China's Public Interest Litigation,the effect is remarkable,highlighting the value of public interest litigation in safeguarding the public interest of society.Due to the current consumptive civil public interest litigation system is not perfect,it restricts the exertion of the role of Consumer Civil Public Interest Litigation There is an urgent need to explore and solve related problems.Through the analysis of the meaning and characteristics of punitive damages in Civil Litigation,it is concluded that the basic connotation of punitive damages in Consumer Civil Public Interest Litigation is different from private interest litigation Having the purpose of bringing up the specific nature of the subject and protecting the interests of the public,including the interests of the state and the public,it is different from the punitive damages in the consumer private interest litigation in the aspects of the subject of the lawsuit,the ownership and the scope of application.The punitive damages in Consumer Civil Public Interest Litigation can play a more important role in promoting social fairness and justice,repairing or establishing social order and saving judicial resources.Due to the existing norms of consumer civil public interest litigation in our country,there are few cases involving punitive damages because of the imperfect provisions on the types of claims and procedure,especially on the system of punitive damages.Through the analysis of some cases,various results have emerged from judicial practice in various places It reflects the problems of the narrow scope of the subject of prosecution,the lack of clear normative basis,the conflict of the right of punitive damages and the lack of corresponding disposal rules of punitive damages.Based on the contradiction between the narrow scope of the prosecution subject in the current consumer civil public interest litigation and the need to maintain social consumption public welfare,the litigation subject is extended to consumer associations and consumers at the county level and above,and the grassroots procuratorate is authorized to have the right to separate File a civil public interest litigation.Give the prosecution subject the right to punitive damages and regulate its limited disposition on the basis of “not harming the public interest of the society and the nationalinterest”.The same infringement has the possibility of infringing on the public interest and the private interest at the same time.Because the infringement of the legal interest is different,it does not belong to the matter.Therefore,in the consumer civil public interest litigation,the punitive damages and the private benefit litigation are advocated for the punitive damages.It can be accepted and heard separately,but it can also give consumers individual choice to suspend the trial of their litigation procedures,so that consumers' legitimate rights and interests can be promptly and effectively relieved.The amount of punitive damages in consumer civil public interest litigation can be used to calculate the amount of punitive damages in private interest litigation.At present,according to the sales volume and selling price,the actual loss of the loss party may differ greatly from the amount of compensation.Therefore,the applicable standard should be distinguished according to the situation.If the actual amount of damage or the actual loss caused by it can be calculated,it should be determined based on the actual amount of damage or the actual loss caused by it,combined with the minimum compensation amount.If the “actual damage amount” or the actual loss suffered by it cannot be calculated,it is more appropriate to use the infringer's interest in the infringement legal relationship as the standard and then combine the minimum compensation amount.At the same time,the calculation should pay attention to the punitive damages in the case of individual complaints or deductions from fines and fines.The punitive damages obtained by the lawsuit shall be preferentially compensated by the consumers,and the surplus shall be converted into consumer protection public welfare funds,which may be supervised by the Consumers Association for management,legal inspection and other departments,and the surplus funds shall be used for consumption of public welfare expenses.