The Judicial Application Of The Punitive Damages System In The "Consumer Rights Protection Law"

With the development of social economy,punitive damages are playing an increasingly important role in solving disputes and guaranteeing the legitimate rights and interests of the parties.This paper in recent years(mainly in 2016)"People’s Republic of China consumer protection law appeared in the judicial practice related to punitive damages system key problems as the starting point of the system,in the "consumer protection law" in the applicable subjects,conditions the amount of compensation and other issues to study,and combined with the relevant provisions of the theory of knowledge and other related legal analysis,find out the favorable scheme can solve the above problems.After the case information collection and analysis of a large number of 2016 a year has occurred,and will upload judgment documents relevant to the case China referee network analysis,from the court decision reason at all levels,in the case of refined to deal with similar problems in practice when the respective attitude of the court,to dig out there in judicial practice,put forward appropriate suggestions.The writing ideas of this article are as follows:The first part,this paper selected the 2016 calendar year.It has analyzed on the protection of consumer rights and interests dispute case,the characteristics of each case in the case of refining,comparative analysis of the focus of controversy and court reasons,refine the current judicial practice in dealing with similar issues related to the attitude from.The second part,based on the analysis of the case,combined with the basic theory of the system and the relevant legal provisions of the system,in-depth analysis of the case,the lack of the system of punitive damages in cognizance and causes in the current laws and regulations and judicial practice.The third part,based on the detailed analysis of the first two parts of the problems and causes,puts forward corresponding suggestions for the core issues such as "consumer","fraud" and "punitive damages" in punitive damages.