Research On Punitive Compensation System Of Consumer Public Interest Litigation

Although the legislative system of punitive damages in the consumer public welfare lawsuit has not been detailed provisions shall be applicable,but the punitive damages in our country community case of punitive damages in the judicial practice is a powerful suit,in addition,the theoretical circle of punitive damages in the applicable process show problems also have depth.Starting with the public interest case of punitive damages filed by Guangdong Consumer Commission,the practical circles in China began to explore the application of punitive damages in consumer public interest litigation.Among them,there are different opinions on the subject of punitive compensation claim,the determination standard and management of punitive compensation,and there are different ways to deal with it in judicial practice.This paper introduces the relevant definitions of punitive damages,combs the punitive damages legislation in our country,and introduces the necessity of applying punitive damages in consumer public interest litigation from the aspects of the deficiency of traditional compensation system,judicial practice and the need to protect the rights and interests of consumers.Through the summary of relevant cases and analysis of the punitive damages system in practice in the application of consumer public interest litigation problems,and put forward a more reasonable solution.In practice cases,the subjects who put forward the request for punitive damages are mostly Procuratorial organs and consumer associations,which shows that the legislation endures the two consumer public interest litigation with the right to request for punitive damages is reasonable.The field of civil action in our country needs to meet the standard of proof "beyond reasonable doubt",but the field of consumption is different from the ordinary field of civil,consumption crime has the feature of concealment,too high standard of proof will increase the plaintiff’s burden of proof,so the standard of proof should be lowered.As for the distribution of burden of proof,different methods should be applied to the proof of "initial evidence",the distribution of responsibility for product defect cases and the distribution of responsibility for product defect cases according to different circumstances,and systems such as inversion of burden of proof or discovery of evidence should not be applied uniformly.As for the calculation of punitive damages,the reference standard should be reset,and the total amount of illegal goods should be calculated on the basis of the quantity,amount and profit quantity of fake and shoddy goods sold,and double on this basis,and the lower limit standard should not be set.In the management of punitive funds,we should establish a special consumption public welfare fund and adopt the method of special funds.Finally,it should be improved in other aspects.For example,the nature of punitive damages and the economic burden of the parties should be considered when the punitive damages compete with criminal fines and administrative fines,and the same principle should be adopted when the punitive damages compete with administrative fines.In the identification of the relationship between the punitive compensation claims of the procuratorial organ and the consumer association and the claims of the individual consumer,from the perspective of the different legal relations between the two in the litigation,this paper discusses that they do not have the basis of handling the same case and how to deal with the interest relations between different subjects on this basis.Although the practice of punitive damages system in consumer public interest litigation will show more or less disadvantages,but as long as the reasonable regulation,the punitive damages system of consumer public interest litigation can well realize the value of protecting the legitimate rights and interests of consumers,maintaining market order and cultivating a benign economic development environment.