Research On The Application Of Punitive Damages In Consumer Civil Public Interest Litigatio

The phenomena,undermining market order and affecting economic and social public interests also occur frequently.Economic development is important,but returning to and protecting consumers’ rights and interests is also the top priority.Since the Sanlu milk powder incident shocked the whole country in 2008,in the past 13 years,various safety accidents in the field of consumption have occurred repeatedly,and similar malignant events are still happening.Although the national law enforcement authorities have adopted a variety of legal sanctions,the effect is not good.Although there are traditional civil compensation as a means of relief,when major cases of infringement of consumers’ legitimate rights and interests or public interests occur,compared with operators,relatively inferior position,and it is difficult to form a strong joint force based on many reasons such as obstacles to proof and high litigation costs.Most consumers choose,This makes the infringement in the field of consumption more and more rampant.Everything is long and the people’s livelihood is important.Nowadays,the traditional civil compensation can not stop the infringement.Therefore,in order unspecified consumers,maintain the public order of consumption and ensure the healthy and stable development of people’s livelihood,it is necessary to analyze the problems of consumption infringement in reality and explore new ways of legal relief.Therefore,with the title of "Research on the application of punitive systematic analysis on the problem of punitive damages in the field of consumer civil public interest litigation,which is actually to broaden the relief path for infringement in the field of consumption.The thesis is divided into four the cases in judicial practice and finds out the problems existing in practice.Specifically,it analyzes the current situation of judicial application of punitive damages in consumer civil public interest litigation from the macro level and typical cases from the micro level.This paper summarizes three problems: whether punitive damages can be brought in consumer civil public interest litigation,how to calculate punitive damages in consumer civil public interest litigation,and the ownership and distribution of punitive damages in consumer civil them one by one in the last three chapters to solve the problems.The second chapter is the analysis and suggestions of problem 1.That is to analyze whether it is necessary to introduce punitive damages in consumer civil public interest litigation.This paper believes that the right to claim punitive damages can not be applied only in the field of consumer private interests.Public interest litigation has the purpose of deterrence and punishment.The punitive damages system has a highly consistent value purpose on this point.Therefore,it is necessary to introduce this system into public interest litigation,Through this system to deter illegal operators and protect the rights and interests of consumers,we can better maintain a good market order.The third chapter is the analysis and suggestions of problem 2.After clarifying that punitive damages can be brought in consumer civil public interest litigation,it is necessary to determine the specific amount of punitive damages.The amount of punitive damages base and multiple of punitive damages.In practice,the base of punitive damages is generally calculated based on the total sales.After analysis,the author take the illegal profit as the base,and the multiple of punitive damages should be.The fourth chapter is the analysis and suggestions of problem 3.After determining the amount of punitive damages,we should also consider t in consumer civil public interest litigation.After the court finally decides that the violator should pay punitive damages,the ownership of the compensation should also be clear.It can be turned over to the state treasury,established a special account or established a consumption punitive damages fund for management.After that,consumers can apply for collection with corresponding legal consumption certificates,so that the compensation can be implemented to every injured consumer to maximize benefits,Effectively protect the rights and interests of consumers.Including whether it can be deducted,and the treatment of the relationship litigation.