Conflict And Coordination On The Adjustments Of Law Of Civil Fraud

There are the invalid mode of general provisions of the civil law; the changeable and voidable mode of the contract law; and the exemplary damages mode of Law on Protection of the Rights and Interests of Consumers in the adjustments of law of civil fraud. The coexistence of the adjustive modes causes a conflict, which is the conflict of rights between both parties in civil fraud substantially. Prohibiting abuse of right, constructing rights order, adopting benefit measurement to option upon conflicting rights; and valuing objective explanation of the law, admitting the creativeness of law's explanation, achieving law's proper value are effective ways to solve the conflict between both parties in civil fraud. Process the civil fraud law adjustment pattern conflict,to borrow ideas from discourse theory and correctly handle the tension relationship between logic and value judgments in application of the law, right exchanges appointment between parties in civil fraud should be advocated. From the forward legisilative angle looked ,in the legislation, the exemplary damages mode of Law on Protection of the Rights and Interests of Consumers should be canceled, either, judges should be empowered the discretion on punitive compensation amount to lower ,from the old time legislation angle ,eliminate the conflict among the modes of the adjustments of law of civil fraud and achieve the coordination among the modes.