Research on Punitive Compensation System of Consumer Civil Public Interest Litigation

The empirical research shows that there exist some problems in the application of the current punitive compensation system in consumer civil public interest litigation, such as lack of legitimacy of punitive damages brought by consumer associations or procuratorial organs, unreasonable calculation method of punitive damages, and the fact that storage and use of punitive damages cannot reflect the public interest. The reason is that the punitive compensation system created to protect the private interests of consumers cannot meet the needs of public welfare protection in the field of consumption. A public welfare punitive compensation system should be established coupled with consumer civil public interest litigation, which meets the essential needs of public welfare protection of consumer civil public interest litigation. In order to play the deterrent function of punitive damages for public welfare and achieve the purpose of public welfare protection, it is necessary to give the plaintiff the right to claim punitive damages for public welfare, keep the scope of cases modest, and make the calculation method of punitive damages for public welfare reasonable, so as to ensure the realization of the public welfare efficiency of the use of punitive damages for public welfare.