On The Application Of Article 55 (1) Of The Law On The Protection Of Consumers' Rights And Interests

No.17 guidance case which the Supreme Court issued In 2013 identified two issues:First,if a car was bought for the consumption needs of family life,it could be handled in accordance with the Consumer Protection Act;Second,car sales were promised to sell to consumers a new car,if the car was found be a used or repaired car,and the seller could not prove to have fulfilled this obligation and recognized by consumers,which constituted sales fraud.If consumer required the seller for damages in accordance with the Consumer Protection Act,the court should be supported.It can be said that the guidance case have some guidance to the appliance of law,but some details related to the appliance of legal provisions have yet to be further clarified.Through a detailed analysis of the Supreme Court No.17 guidance case and further pointing out the need to be perfect,which provide recommendations for the promotion of legislation.Article focuses on that the car is special in commodities of "Consumer Law",the constituent elements of fraud and the related burden of proof,which provide some reference for appliance of law of the new "Consumer Law" Article 55,paragraph 1.Finally,the article discusses the perfect extension of "consumer protection law" article fifty-fifth paragraph first of the applicable law,which will focus on the following three kind of different situations, specific measures for the detailed theory. First,if they are easier to identify responsibility for consumers,but the application of three times punitive damages will be for the unfair situation,we should introduce and apply the "compensation for the loss of part" theory;second,cars, houses and other large commodity which are difficulte in the definition of "technology and law", should learn from the principle of criminal law "suspected crime is not guilty", can be identified as "suspected fraud is not fraudulant";finally,when we meet the above mentioned second kinds of situation, in order to compensate the loss of consumer interests,we should establish a reasonable social fund system.