Research On The Recognition Of Fraud In Consumer Trade

With the application of punitive damages liability, consumer fraud identification has become a hot academic research and new consumer law amendments to consumer fraud punitive damages up to three times the original, and set off in the academic circles of the concept of consumer fraud and cognizance of the upsurge of research, scholars hold this different points of view, creating no small controversy. The civil fraud and consumer fraud distinguish proposed both to recognize the difference, the existing legislation and the authoritative interpretation of fraud have no complete and unified concept definition.Definition of the concept of consumer fraud, there are different views of scholars, the main ideas are: a pair of consumer fraud and civil fraud are defined consistent; the two is the distinction between civil fraud and consumer fraud, consumer fraud as a new meaning to the interpretation of the constitutive requirements, the principle of autonomy of civil law civil fraud behavior based on the equal protection of civil legal relationship of the relative position, subjective intentional elements is a necessary element of fraud identification. And consumer law consumer fraud protection between the object and the transaction subject to many special relationship decided that standard consumer fraud and civil fraud, consumer transactions, as long as the operator the objective consequences caused by the behavior of misleading the general consumers, which constitute consumer fraud.Through judicial case analysis practice of consumer fraud awareness, the study identified in practice consumer fraud constitute elements of the existing problems, identified by the theorists of the fraud and different understanding, deep into the department law legislation of consumer fraud deliberately requirements and civil fraud recognition of different, it is pointed out that the object of regulation of consumer fraud special consumer transaction relationship determines the cognizance standard of different composition. Due to the nature of consumer transactions is a one to many relationship. So, we should emphasize operators fraud caused consumers generally mistaken the consequences of objectivity.On consumer fraud was identified as different from the civil fraud identification standards and distinguish the similarities and differences between the two, is conducive to the application of the value of economic law as an independent department law in practice on the theory and judicial practice is conducive to grasp the applicable standards of punitive damages.