On The Constituent Elements Of Consumer Fraud

In the year of 2013,Law of the PRC on the Protection of the Rights and Interests of Consumers has been first amended since its being enacted,that the new article 55 section 1 took the place of the old article 49 which was about consumptive fraud.The punitive damages of consumptive fraud was demands return and Treble Indemnity instead of demands return and Equivalence Indemnity.Meanwhile,the lawmakers set the minimum amount of compensation to 500 yuan.The punitive damages are premised on the basis of consumptive fraud,but the research in theory and practice hold differing views on how to identify the consumptive fraud.According to the times,there come out more and more consumptive fraud,the thesis hold the view that the consumptive fraud cannot be applied to the constitutive elements of fraud of traditional civil law,otherwise that would be indulgence towards the consumptive fraud.According to the the new article 55 section 1 of the Law of the PRC on the Protection of the Rights and Interests of Consumers,the thesis tries to discuss the cases when the consumers could apply for punitive damages.Firstly,only if the consumers do consume something,they can be involved in the consumptive fraud.Discussing about The Consumer Behavior for the research in theory and practice hold differing views on it,for instance,whether or not the corporation can be Consumer,how to define consumption.Secondly,Positive fraud and negative fraud are two kinds of the consumptive fraud.The writer would discuss about it,especially about how to define the obligation to disclose of the business operators.Thirdly,according The traditional civil law,fraud should be on purpose,but the thesis hold the view that negligent behavior also can lead to consumptive fraud for the consumptive fraud should be in the adjustment of competitive law.Besides,according the new article 55 section 1,that a business operator that practices fraud in providing a commodity or a service must,at the request of the consumer,increase the compensation for losses incurred by such consumer.It does not need the consumers show their intentions base on misconception,which means that the consumers could apply for the punitive damages even if they knew they are fake and inferior goods.Finally,after the consumers cancel the consumer contract,they also can apply for the punitive damages to the business operators.