The Study on the Punitive Damages System in Consumption Field
|School||Dongbei University of Finance|
|Keywords||Consumption field punitive compensation system perfection|
Punitive damages system origin and in the United Kingdom, is distinguished from compensatory damages is a kind of special civil liability, in recent years, as" Qi Er false medicine incident"," Sanlu milk powder" and other serious violations of consumer rights cases, so that the punitive damages special function in the development of the society more and more get of social all circles extensively pay attention to. The consumption of the system of punitive damages is also booming development, including not only the British and American legal system, some countries of the continental legal system also gradually apply the punitive compensation system. China’s first to introduce the punitive compensation system is in 1993" consumer protection law" in the provisions of the" double indemnity" responsibility system, then the food safety, commercial housing transactions and product tort are required. However, the laws and the related judicial interpretation still has many deficiencies and contradictions, the defects in system of legal remedy effect, effect of prevention and ineffective implementation. The article draws lessons from foreign punitive legislation experience, combining with the situation of our country, through the theoretical analysis in the legislation perfection of consumer protection law in the system of punitive damages. In this more general theoretical generalization and summary of the field of consumer protection of the punitive damages system connotation, main feature of general jurisprudence; to apply the method of comparative study, comparing two typical countries and areas of legal system of consumer protection law system of punitive damages in the similarities and differences of legislation, look out for our reference to the advanced experience of law; based on interpretation theory, to our country existing consumer protection law system of punitive damages in the existing problems and shortcomings to comb, analyze problems and find solutions. This paper is divided into four chapters.The first chapter is the consumer protection from the perspective of the general theory of punitive damages, punitive damages, concept, characteristics and function are introduced, and the compensatory damages, spiritual damage compensation, the fine penalty such concepts as comparison.The second chapter is the consumer protection law of the punitive damages system in observation of comparative law, through the introduction of other countries and regions of the consumer protection law in the system of punitive damages, the system characteristic, summed up experience of legislation.The third chapter is our country’s consumer protection law punitive damages legal interpretation, based on the general consumption and food safety, commercial housing transactions and product tort special field of our country’s consumer protection areas related to determine the concept foundation, analyzes our country existing consumer protection legislation of punitive damages system in the field of.The fourth chapter in the analysis foundation, has analyzed our country present the punitive compensation system has defects, the proposed legislation perfect suggestion.