The Application Of Punitive Damages In Automobile Consumption Disputes

At present,China's automobile consumer disputes are mostly applicable to Law of the People's Republic of China on the Protection of Consumer Rights and Interests(2013 Amendment),the provisions of article fifty-fifth,if the operator fraud is proved true by the court,and then according to the request of the consumer,based on the price of the vehicle,the operator pay the consumer three times the price of punitive damages.Punitive damages punitive damages in China's law in which belongs to the field of contract,but China's market economy was still in the stage of development,so in the product liability,measures of three times punitive damages based on the vehicle price should not be widely used.This article collects the current situation of punitive damages in the field of automobile disputes in recent years,and puts forward some constructive suggestions according to the study and information The main content of this article consists of four parts.The first part is the introduction.The research background,research significance and research methods are expounded in three parts.The second part is two cases of the punitive damages in the automobile consumption dispute.We should consider two aspects of breach of contract and infringement,distinguish the two main categories of automobile defects and automobile defects,and apply different compensation bases and compensation standards in different situations.This paper argues that,in practice,we should consider the degree of fraud disputes in the main operators car basic performance impact on vehicle parts,causing damage to the person and property of consumers,constitute a fundamental condition for fraud infringement of punitive damages retreat one lose three;for deliberately concealing vehicle defects local fraud behavior is the general liability for breach of contract" in the reasonable proportion as the base "breach of punitive damages.The third part is the problems existing in the application.China's automobile disputes punitive compensation calculation standard is too single,considering only three times the standard of compensation,without considering the punitive damages and losses suffered by the proportion of consumers;and the compensation base expansion trend,did not fully consider the impact on performance of vehicle parts damaged ring,one-sided to the vehicle price as the base,is likely to cause consumers and operators of unjust enrichment is unfair.The fourth part is the reasonable adjustment suggestion to solve the problem.Establish multiple compensation standards and diversified punitive compensation standards,and analyze the specific problems.