Study On Punitive Damages Applied To Consumer Civil Public Interest Litigation

In the draft revision of the Civil Procedure Law of the People’s Republic of China in 2012,relevant provisions were made for the public interest litigation system involving environmental infringement and consumption infringement for the first time,providing a feasible institutional scheme to solve the difficulties of group rights protection.On this basis,the Interpretation of the Supreme People’s Court on Several Issues concerning the Application of Law to the Trial of Consumer Civil Public Interest Litigation Cases,which came into effect in May 2016,has further promoted the development of the consumer civil public interest litigation system.It has made concrete stipulations in different aspects of the consumption civil public interest litigation system such as the litigation subject,prosecution conditions and request types.After the establishment of public interest litigation system in our country,it also provides a detailed and feasible "operation guide" for the acceptance and adjudication of consumption civil public interest litigation cases in practice.However,with the continuous optimization of the economic market,the continuous upgrading of consumer consumption and frequent large-scale consumption infringement incidents,the contradiction between the prosperity of the economic market and the protection of consumer rights and interests has become increasingly prominent.How to build a good consumption and business environment,effectively protect the legitimate rights and interests of consumers,and promote the virtuous cycle of the consumer market has become an urgent problem for us to think and solve.The system of punitive compensation,which has been applied in the field of our country’s litigation system for more than 20 years,which at the beginning of its establishment has taken strong private interests protection system,seemingly is not relevant to the system of consumption civil public interest litigation.However,as the current types of claims in consumer civil public interest litigation cannot meet the demand for punishment and deterrent effect on tort acts of large-scale sexual consumption,the consumer consumer Commission of Guangdong Province first proposed a request for punitive damages in a series of consumer civil public interest litigation cases in 2017.Admittedly,the result may not be satisfactory,but it effectively promotes the relevant research on the application of punitive damages system in the field of consumer civil public interest litigation,and also provides a real reference sample for further exploration and improvement in the future.It is based on the above background that this paper selects a total of 314 samples of punitive damages adjudication in consumer civil public interest litigation since 2017 as the research basis.Through the analysis and interpretation of the selected samples,this paper explores the existing problems and difficulties in the application of the current punitive damages system in the field of consumer civil public interest litigation,and then puts forward feasible plans and suggestions.Based on the selected judgment sample data,The paper discusses the research background and significance of punitive damages in consumer civil public interest litigation,related concepts and case selection analysis,existing problems in the application of punitive damages in consumer civil public interest litigation,root analysis of related problems,benchmark principles for the application of punitive damages in consumer public interest litigation and specific suggestions for improvement.The first part mainly introduces the writing background of this paper,the theoretical significance and practical significance of the topic,as well as the theoretical research status of the application of punitive damages system in the field of consumer civil public interest litigation at home and abroad.This paper introduces a variety of research methods and the possible innovation and shortcomings of this paper.The second part firstly explains the related concepts of punitive damages in consumer civil public interest litigation,and then introduces two cases with similar cases but different judgment results.Finally,it introduces the basic information of the samples selected in this paper,such as the year distribution,regional distribution,type distribution and the support of punitive damages claims.The third part,through the analysis of 314 judgment samples selected from different perspectives,analyzes the dilemma and problems of applying punitive damages to consumer civil public interest litigation in the current judicial practice: in the main body of the prosecution,consumers’ associations and procuratorial organs exercise the basis of the right to claim punitive damages is unclear and the main body status of consumers’ associations is weakening;The overlapping of liability between punitive damages,criminal fines and administrative fines;The calculation basis of penalty compensation is unclear and the application multiple is too rigid;In the follow-up treatment of punitive damages,the ownership is unclear and the management is chaotic.The fourth part analyzes many problems existing in the application of punitive damages in consumer civil public interest litigation in practice from different levels of theory,system and practice.It is concluded that the main causes of the related problems mainly focus on the lack of understanding of punitive damages and consumer civil public interest litigation,the lack of relevant legal systems and norms in the system,and the dilemma of the subject of the prosecution and the dilemma of the judge’s discretion in practice.The fifth part discusses the basic principle of punitive damages in consumer civil public interest litigation.Follow the legal principle from the subject of the right to claim punitive damages and the procedure;To how to exert the judge’s discretion to reflect the requirement of proportionality principle;Then the principle of prudence and modesty should be reflected in the punitive damages in consumer civil public interest litigation,which provides a theoretical basis for further conforming to the applicable standard and applicable principle in practice.In the sixth part,on the basis of the above,the problems reflected by 314 samples are solved and improved.It puts forward to clarify the rights of consumers’ association and procuratorial organ;Standardize the pre-trial announcement procedure of consumer civil public interest litigation punitive compensation cases;Appropriately expand the scope of qualified consumer associations;The establishment of overlapping deduction mechanism of punitive damages,criminal fines and administrative fines;The unification of the calculation base of punitive damages in consumer civil public interest litigation and the application of floating multiple and discretionary power;Clarify the aggrieved consumer’s right to the ownership of punitive damages;A unified public welfare fund for consumption infringement shall be established under the independent management of consumers’ associations.