Research On Punitive Damages In Consumer Public Interest Litigation

In recent years,with the continuous development of market economy,the protection of consumer rights and interests is becoming more and more prominent.In order to further strengthen the regulation of consumer public interest litigation,the proportion of punitive damages cases brought by procuratorial organs and consumer associations in judicial practice is more and more.Based on the judicial practice of our country,this paper combs the cases of punitive damages in consumer public interest litigation as the basis of the study,analyzes the problems existing in judicial practice and puts forward corresponding suggestions.Punitive compensation in consumer public interest litigation refers to the compensation made by the court in excess of the actual amount of damage.It has many functions such as compensating the victim for the loss,punishing and curbing the illegal act.In the legal provisions in the field of civil consumption in China,punitive damages have not been stipulated in the past,but with the development of social economy,social consumption security events are frequently exposed to the vision of the vast number of citizens.Legislators gradually realize the importance of increasing punitive damages in the field of consumption,thus making clear provisions in legislation and judicial interpretation.The Law of the People’s Republic of China on Tort Liability,the Food Safety Law of the People’s Republic of China and the Provisions of the Supreme People’s Court on Certain Issues of the Law Applicable to the Trial of Food and Drug Disputes contain relevant provisions on punitive damages.In judicial practice,through combing the cases of punitive damages in consumer public interest litigation in recent years,it is found that there are mainly the following problems: first,the subject qualification of punitive damages.There is no clear standard as to whether prosecutors and consumer associations have the right to claim punitive damages.Second,the amount of punitive damages is controversial.Third,the dispute between the burden of proof and the standard of proof of punitive damages.In order to improve the punitive damages system of consumer public interest litigation from the legislative aspect,we should first clarify several principles applicable to the punitive damages system: first,the principle of legality;second,the principle of prudence;and third,the principle of appropriateness.Next,we should make clear the applicable conditions of punitive damages: one is intentional or gross negligence subjectively;the other is the act of harming the public interest objectively.The procedure should be improved as follows: first,it clearly grants the procuratorial organs and consumer associations the right to claim compensation;second,it is necessary to reduce the burden of proof of the procuratorial organs and consumer associations;third,it defines the standard for calculating the amount of punitive damages,using the quantity,amount and profitability of the goods sold by the operator as the basis for calculating the compensation and the purchase price of the traditional consumer,and establishes an independent consumer compensation fund management committee to manage the compensation.Although there are still many shortcomings in the current judicial practice,it is of great significance to perfect the system for creating a fair trading environment,maintaining the stability of market order and building a harmonious society.