Identification Of Fraud In Consumer Protection Law

In the face of the development background of economic globalization,the continuous development of China's socialist market economy,people's living standard has been improved,demand for consumer enthusiasm rising,so consumption in the form of trade disputes and conflicts in the are diversified and complicated,and in consumer transaction fraud that has been become a hot academic research,and also in the judicial practice often disputed or become the focus of the case,for the study of operator is fraud,is in order to better apply the law of the People's Republic of China on consumer rights and interests protects a law "(this article referred to as" consumer rights and interests protects a law "),and further apply the system of punitive damages of business operators,so as to better safeguard the legitimate rights and interests of consumers.Constantly stressed the importance of the rule of law development in our country at the same time,to further refine,clear and unified legal standards of operators of fraud,and gradually perfect the judicial practice for the cognizance of the problem,thus maintaining the authority of law and fairness,and better safeguard the development and to establish the system of governing the country according to law.The current standard of domestic academia for fraud in consumer transactions mainly divided into two kinds of attitude,some scholars identifying should be in strict accordance with the traditional civil fraud by the standards of the objective interpretation of consumer fraud,do not violate the principle of civil law hermeneutics,and it also avoids the confusion on the internal logic of law and to prevent the loss of legal authority,assure the unity of the theory and practice;But there are also most scholars concluded that civil fraud and the fraud in consumer transactions should view respectively,category of traditional civil law is to adjust the legal relation between the equal subjects,but its legislative spirit of the consumer protection law and there is a special application environment,consumer and business itself is not the body of the equality relationship,need further skewed to protect the rights and interests of consumers,but the view in the concrete that the consumers' rights and interests protection act of fraud problem is still not clear out how can the cognizance of civil fraud,which is different from traditional operator's subjective status,operator's specific fraud,consumer's own subjective and objective conditions of fraud that the requirements of the constitution of crime,have not reached a unified point of view.Therefore,in this paper,the defining the consumer fraud in a transaction in the cognizance of the analysis of the difference between traditional civil fraud,on the basis of an analysis of the constitutive requirements for fraud recognition: the operator subjective status,operator objective behavior standard,consumers' subjective status,etc.To analyze this problem.Misunderstandings for fraud,most scholars support the traditional civil law is based on the principle of autonomy of civil juristic act subject to better protect the both sides of the equal status of civil legal relationship,and identifying the offender is the subjective intent of fraud on the necessary element,and the consumers' rights and interests protection act more on the cognizance of the fraud is to skewed to protect the rights and interests of consumers,decided the fraud in consumer transaction decided not to the traditional standard of fraud in the civil legal relation,so in consumer transactions and judicial practice,often in the fraud issues,as long as the operator's behavior has caused to mislead the objective consequences of general consumers,is a fraud,in consumer transactions at the same time also need consideration in the judicial practice to the gross negligence case judgment,strictly regulate the operator's subjective state.This article for consumer transactions involving generalizes the fraud that,at present the consumers' rights and interests protection act is no specific provisions in the definition of fraud,also gradually caused the judicial practice in consumer transactions as the status quo of fraud no unified standard in the judicial practice in judging the operators often exaggerated propaganda and divergence on the definition of fraud,at the same time when operator's silence behavior can be regarded as fraud also has certain dispute.Finally,for the consumer's subjective state,also contributed to the judgment of general consumers perceive different judicial practice point of view,and to know the fake fake actor consumer identity identifying and fraud are critical.This article also through a large number of judicial practice case analysis on consumption of fraud in a transaction,explore the practice that consumer fraud problems on the constitutive requirements,and according to the theory of fraud constitute of different understanding,so as to affect the judicial practice to explore the consumers' rights and interests protection act for fraud on identifying and civil fraud,points out that the consumer transactions fraud adjustment object is the weakness of the special status of consumers,and consumer relationship determines the cognizance standard of different elements.Since the nature of consumer transactions is a one-to-many relationship,it is more important to emphasize the objectivity of the consequences of the operator's fraud.Trading on consumption of fraud,in terms of the current civil law theory basis,its nature belongs to one kind of civil fraud,but shall not deny whether is the particularity of consumer identity,therefore in the judicial practice in consumer transactions and fraud that should be the difference between traditional standard of fraud,and the author thinks that to distinguish the differences and similarities between the two,the theory is helpful to the value of economic law as an independent department law applicable in practice,at the same time in the judicial practice is helpful for better protection for vulnerable groups of consumers,but also to grasp the application of the punitive compensation standards.