On Application of Law on Punitive Damages in Section 49 of Law for the Protection of Consumers' Right and Interests of P. R. C
Lian Chang-song
Abstract
Lian Chang-song
Abstract
There remains much controversy concerning application of punitive damages in section 49 of Law for the Protection of Consumers' Right and Interests in theory as well as practice. The paper, based on an analysis of the application of this system covering its entities, scopes and advisability, concludes that the beneficiary of the Section 49 should be the consumer, and the punitive damages should be applied in cases of both torts and defaults. In addition, the advisability should be adjusted in order to protect the consumer.
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There remains much controversy concerning application of punitive damages in section 49 of Law for the Protection of Consumers' Right and Interests in theory as well as practice. The paper, based on an analysis of the application of this system covering its entities, scopes and advisability, concludes that the beneficiary of the Section 49 should be the consumer, and the punitive damages should be applied in cases of both torts and defaults. In addition, the advisability should be adjusted in order to protect the consumer.
Key concepts: Punitive damages, Beneficiary, Section (typography), Law, Damages, Consumer protection, Order (exchange), Business