| Chinese automobile ownership increased year by year,the automotive consumer market has been further expanded and the automotive consumer disputes also attracted attention in all aspects.Automotive products with the subject of great value,both sides of the information asymmetry and other special.In the case of fraudulent sales of automobile products,the different cases of co-litigation have aroused the concern of academics and judges.How to apply the punitive damages system,that is,"Consumer Protection Law" Article 55 of the provisions of double compensation,judicial practice and academia has been to explore the issue.The focus of the dispute mainly lies in the rationality of the elements and the compensation base of punitive damages in the sale of automobile products,including the standard and extent of fraud,the proportion of compensation and so on.Based on the analysis of the theory of punitive damages,this paper investigates the application of punitive damages in Anglo-American countries and through empirical research,comparative analysis and literature review.Combining with the referees in Chinese practical cases,the paper summarizes the system of compensation for the fraudulent sale of automobile products in our country.In addition to the introduction and conclusion,this paper is divided into four parts,a total of 35,000 words or so.The first part,the form and regulation of fraud sales of automobile products in China.This part first describes the typical performance of fraudulent sales of automobile products,leads to the interaction between punitive damages and fraudulent sales of automobile products,and examines the application of punitive damages system.The second part,the empirical analysis of the application of punitive damages for fraudulent sales of automobile products.This part mainly introduces the application of punitive damages system in judicial practice,summarizes the summary and compensation situation of 100 referee instruments,and summarizes major referee divergence of punitive damages in the fraudulent sales of automobile products.The third part,the reasons for the differences in the application of punitive damages in automobile product fraud.In this part,the author summarizes the causes of the actual dispute in the fraudulent sales of automobile products and makes in-depth legal analysis.The fourth part,Suggestions on the Application of Punitive Compensation in Fraud Sales of Automobile Products in China.This part from the legal concept,judicial application,industry association guidance,at the same time learn from the "Supreme People's Court on the trial of commercial housing transactions dispute the application of a number of issues explained",putting forward the feasible application of punitive damages for the fraudulent sale of automobile products. |
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