Consumer Rights And Interests Protection Law Under The Operator "As A Fraud"

Our country "consumer rights and interests protects a law" the provisions of article 55 main purpose is to protect vulnerable consumers in the market.Consumers' rights and interests protection law operator is different from the traditional civil law of fraud,fraud in the traditional civil law standard for "fraud" seems to be fair,but in the case of consumers in a weak absolutely unfair.In the existing "consumer rights and interests protects a law" has not the specific standard of fraud that is regulated,practice fraud to operator's differences.In this paper,starting from the analysis of the difference between the civil law of fraud and fraud operator,relevant in the current system at home and abroad for reference,not as a fraud based on system design,focus on the operator is not as a problem of fraud,don't think in that operators as a fraud,according to the supreme people's court "about carrying out the < general principles of the civil law of the People's Republic of China > the opinions of the several issues(try out)",combining with the legislative intent of the consumer rights and interests protection act,determine the operators inform obligation but did not inform the constituent elements of behavior has illegality as fraud.Article to inform obligation of the operator at the same time focus on analysis of the form and the content of the inform obligation,define and other issues were discussed,and put forward the violation of the inform obligation to that don't support significance as a fraud.Article think the judicial practice,should be combined with the operator in violation of information disclosure,important facts faithfully inform the legal obligation of the inform obligation,not as a cautious obligations and consumer etc.,in the practice of the punitive damages that operator is not as a fraud.