论在消费者时代如何跟进惩罚性赔偿制度

How to Follow Up the Punitive Compensation System in the Consumer Era

随着我国市场经济不断发展,国内民商事主体数量迅速增加,规模扩大,随之产生很多民商事纠纷,其中,消费者与民商事主体的侵权、违约纠纷应受到重视,不仅因为其数量众多,更是因为其不对等的地位和信息掌握,使消费者受到损害的权益难以补救。惩罚性损害赔偿制度的研究与分析一直是社会上的热点问题。近年来,多有消费者个人与大型公司对抗的案例,消费者为了成功维权,不惜采取“夺人眼球”的方式,这些新闻引起广泛消费者的共鸣,正是因为消费者的切身利益受到了侵犯,惩罚性损害赔偿制度如果不及时完善,将对社会造成巨大损害。因此,在确定惩罚性赔偿的赔偿范围时,不仅应考虑即时损害,更应将长期损害计算在内;在确定惩罚性赔偿系数时,应考虑公益损害情况、违法收入、赔偿能力与是否受过其他处罚;最后,应给予法官一定的自由裁量权,旨在保护消费者权益,维护公平商业竞争和规范商业活动。

With the continuous development of China’s market economy, the number of domestic civil and commercial entities has increased rapidly and expanded, resulting in many civil and commercial disputes, among which the infringement and breach of contract disputes between consumers and civil and commercial entities should be taken seriously, not only because of their large number, but also because of their unequal status and information mastery, which makes it difficult to remedy the rights and interests of consumers who have been damaged. The research and analysis of the system of punitive damages has always been a hot issue in society. In recent years, there have been many cases of individual consumers confronting large companies, and consumers did not hesitate to take the “eye-catching” approach in order to successfully protect their rights, and these news resonated with a wide range of consumers, precisely because the vital interests of consumers have been violated, and the punitive damages compensation system will cause great damage to society if it is not improved in time. Therefore, this paper points out the problems existing in China’s punitive injury system, and puts forward relevant suggestions for improving punitive damages, aiming to protect the rights and interests of consumers, maintain fair commercial competition and regulate commercial activities.