消费民事公益诉讼惩罚性赔偿制度研究

Research on Punitive Compensation System of Consumer Civil Public Interest Litigation

随着我国市场经济的发展,消费者的权利不断受到侵害,各种消费侵权案件层出不穷。为了遏制这一现象,国家积极探索建立惩罚性赔偿制度,旨在通过震慑不法行为,维护公平良好的市场环境,促进国民经济良性发展。然而惩罚性赔偿制度目前主要规定在私益诉讼当中,且规定尚不完善。在消费民事公益诉讼中,惩罚性赔偿如何提起、由谁提起,惩罚性赔偿金如何计算、如何管理、是否应该与刑事罚金或者行政罚款相抵扣的问题还亟待解决。通过法定诉讼担当理论赋予消费民事公益诉讼的主体惩罚性赔偿申请权、明确细化惩罚性赔偿金的计算标准、设立专门基金账户管理赔偿金、通过分析惩罚性赔偿金与刑事罚金、行政罚款之间的区别以确定是否抵扣有利于为构建消费民事公益诉讼惩罚性赔偿制度提供基础。

With the development of China’s market economy, the rights of consumers are constantly infringed, and various cases of consumption infringement emerge in an endless stream. In order to curb this phenomenon, the state actively explores the establishment of a punitive compensation system, aiming at deterring illegal acts, maintaining a fair and good market environment, and promoting the sound development of the national economy. However, the punitive compensation system is mainly stipulated in the private interest litigation, and the regulation is not perfect. In consumer civil public interest litigation, how to file punitive damages, by whom to file, how to calculate the penalty compensation, how to manage, whether it should be deducted with criminal fines or administrative fines are still to be solved. The subject of consumer civil public interest litigation is given the right to apply for punitive damages through the theory of statutory litigation, the calculation standard of punitive damages is clearly detailed, a special fund account is set up to manage compensation, and the difference between punitive damages, criminal fines and administrative fines is analyzed to determine whether deduction is conducive to providing the foundation for the construction of the punitive damages system of consumer civil public interest litigation.