Improvement of the Punitive Compensation System in the Consumer Rights Protection Law

Yuqin Pan

doi:10.54691/m6r20209

Authors

Yuqin Pan

DOI:

https://doi.org/10.54691/m6r20209

Keywords:

Punitive Damages; Consumer Protection; Fraudulent Behavior.

Abstract

The punitive damages system has the basic characteristics of being punitive, additional and statutory, and its application is of great value to the protection of consumer rights. At present, in the field of consumer rights protection, the application of punitive damages still has problems such as the unclear identity of the consumer subject, the unclear identification of the fraudulent behavior of operators, and the overly rigid calculation method of punitive damages. To improve the punitive damages system, we should further clarify the definition of the “consumer” subject, clarify the identification standards of the fraudulent behavior of operators, and set up relatively flexible punitive damages calculation rules, so as to better protect the legitimate rights and interests of consumers and achieve a balance of multiple interests.

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