The Study Of Article 55 Application Of New Consumer Rights Protection Law

People’s Congress Standing Committee of the People’s Republic of China twelfth fifth meeting October 25, 2013 through a new "Consumer Protection Act" with effect from 15 March 2014 to implement. Where punitive damages related to Article 55 is particularly interesting. This paper attempts a new "Consumer Protection Law" fiftyfive conduct a comprehensive analysis, in order to provide some suggestions.This paper is divided into three parts: introduction, text and conclusion.The first chapter discusses the consumer. To use the consumer protection law, we must figure out the meaning of consumer. The consumer protection law did not have a clear explanation of consumption. There has been a different point of view in Theorists. Traditionally, there are "subjective theory" and "Properties theory" categories. But they all have shortcomings. The author analyzes the difference between Productive consumption and consumption. In order to determine the concept of consumption. At the same time, discuss the corporation’s qualification. The author believe that in a particular case it should be protected by the law. Finally discuss the “know fake buying”. The author analyzes the Judicial Interpretation and precedent to prove its legitimacy.The second chapter focused on "consumption fraud", and the most important issue is online trading. The author analyzes the different between consumption fraud and general fraud. The man difference is “subjective responsibility” and “fraud behavior”. At present, China e-commerce industry is flourishing. But the quality of network products are poor. To safeguard the rights,there are three major problems: difficult to trace; difficult to obtain evidence; difficult to find Responsible Person. Especially, the main responsibility of online transaction is hard to identified. The consumer protection law has provide some electronic business platform’s responsibility. But our country haven’t e-commerce law, so the Legal relationship is very confusing. In order to solve these problems, we need to do the following three points. First, develop a sound legal. Second, Electronic business platform should strengthen self-regulation. Finally, consumers should have a sense of self-protection, and should not freeload.The third chapter discuss the compensation standard. Analysis the past decade data from consumer protection association. We realized that our market condition is chaotic. There are a lot of fraud. Consumers are feeling very dissatisfied. We must increase penalties, and encourage consumers to protect their interests. To develop a reasonable standard of compensation, there are three points should be considered. There are Punitive factor, Containment factor,Compensatory and Encouraging factor.Finally, the last part of the article were summarized.