On The Punitive Compensation System Of My Country’s "Consumer Rights Protection Law"

In the United Kingdom,a punitive system was instituted to safeguard consumers’ rights and interests.The transplantation and development of this system in the United States has been ongoing,and its advancement has been gradual.The Consumer Rights and interests Protection Law’s punitive damages system,with its singular punitive damages purpose,can not only provide compensation and incentive to victims,but also impose sanctions on perpetrators,thus acting as a deterrent and a combat against infringements of the legitimate rights and interests of consumers.The protection of consu is the basis of our nation’s academic and legislative circles,which are based on the legislative,judicial,and law enforcement practice.Simultaneously,the system has a certain influence in limiting other members of society.Advocating the protection of legitimate rights and interests of consumers in the United Kingdom,particularly in the United States,we urge drawing lessons from the current legal system of our country..This idea has been deeply discussed by scholars and accepted by most people.In 1993,our nation created the first Consumer Rights and Interest Protection Law to enact this concept.In October 2013,the People’s Republic of China issued the Consumer Rights and Interest Protection Law(hereinafter referred to as the Consumer Law),which included specific stipulations for the implementation of the punitive damages system.Legislative and judicial regulations have made it clear that punitive damages are the system of choice,yet all types of cases that violate the rights and interests of consumers are consistently forbidden.We must delve deeply into this phenomenon or issue and investigate the most suitable legal route to address the related issues.This paper seeks to analyze and discuss the issues in our nation’s punitive damages legislation and practice,and to propose legislative solutions to address the related issues.The main content of the paper includes six parts:Introducing the topic,its background,importance,and its research status both domestically and internationally-this is the first part.The protection of consumer rights and interests is the basis of the general theory of punitive damages in the second part.Exploring the historical development and significance of punitive damages in consumer rights and interests protection law,as well as its characteristics and functions,the author will discuss the general theory of punitive damages system and outline its implications for the following..An examination of the issues in our nation’s punitive damages system is the third part.This section collates the contentious elements of the punitive damages system in China,including four aspects: the legislative standing of the punitive damages system,the applicable conditions,the subject of application being unclear,and the object of application not clearly defined.This is done by comparing and analyzing the "Elimination Law" between 1993 and 2013.The fourth part is the comparative reference of punitive damages system in the protection law of consumers’ rights and interests overseas.In this part,through the critical discussion of the legislation and judicial experience of the overseas punitive damages system,our country can obtain the experience that can be used for reference from the extraterritorial punitive damages system.This paper primarily examines five facets: the extent of utilization,the relevant conditions,the compensation amount,the allotment of punitive damages,and the enlightenment of the punitive damages system in our nation.The fifth part,the legal suggestion of perfecting the punitive damages system of our country.It mainly includes three aspects,that is,to clarify the applicable conditions of the punitive damages system,to clarify the subject scope of the application of the system and to expand the scope of the object to which the system is applicable.The sixth part is the conclusion.