New Law On The Protection Of Consumers' Rights And Interests Article55 Application Of Law

With the continuous development of the economy,the car consumer market has become increasingly hot,the car for people is no longer a tentacle of luxury,and gradually become people's daily means of transport,each The family had almost a car.But with the automobile consumption market is hot,automobile consumption disputes are more and more,endless.This is mainly due to China's existing legal system for the lack of clear areas of automobile consumption laws and regulations and related judicial interpretation,leading to the interests of consumers in the event of damage to the phenomenon of difficult.For cars such goods,must pay attention to the special nature of its consumption,compared to other goods have their own commodity properties,such as high prices,long life,high technology content,so in dealing with the process of car consumption disputes There is a great deal of disagreement as to which law should be applied and how it should be applied.As the local courts on the consumption of such vehicles lack a unified standard of identification,the results of the judgments are also very different,which led directly to the contradictions of automobile consumption disputes escalation,so the problem of automobile consumption disputes increasingly serious.To this end,this paper analyzes four auto consumption fraud cases and discusses the focus of the three controversial issues,namely: 1.Can the car become the object of the new "Consumer Protection Law";2.Automobile consumption How to define fraud;how to determine the amount of punitive damages for automobile consumption fraud.And put forward the proposal of incorporating automobile consumption into the scope of adjustment of new "Consumer Rights Protection Law" for the first controversial focus,and put forward the proposal of clarifying the standard of automobile consumption fraud for the second controversy,Controversial focus on theissue of the amount of punitive damages to improve the calculation of the standard,in order to better protect the legitimate rights and interests of car consumers.