The Application Of Punitive Damages System Of ?Consumer Protection Law?

Since the introduction of punitive damages system,has been controversial.It breaks through the limitation of the traditional civil compensation liability and impose punitive damages to the operators.The Supreme People's court No.seventeenth guiding cases,consumer rights No.tenth typical cases were vehicle sales contract fraud,the classic case of punitive damages,the author takes this as a starting point,to analyze the "law" of punitive damages.Generally speaking,the thesis is divided into four chapters.The first chapter is an introduction,which mainly introduces the background and literature review.The second chapter is an overview of punitive damages in the "consumer law",first of all,from the perspective of the overall interests of society,functional positioning,consumer law,such as the complexity of the analysis of the "consumer law" set up the necessity and rationality of punitive damages.Then,the article analyzes the two kinds of punitive damages in the "consumer law" of the fifty-fifth.At the same time the combination of theory and practice analysis and application of "contract law" the relationship between punitive damages,applicable contract and punitive damages are not necessarily either this or that relationship.The third chapter is the application of the "law of the people's Republic of China" punitive damages when the identification of fraud.Firstly,the standard of fraud elements of opinions in the academic and judicial practice,such as the "four elements" and "three elements" and "two elements",and then starting from the type of fraud,that components of fraud should adopt the "three elements".And from the subjective aspect,the objective aspect,the causal relation carries on the analysis.Analysis on buy fake,local fraud also put forward their own views,think buy fake can be applied to the default type of punitive damages,local fraud constitutes fraud,punitive damages calculation on the part of the price fraud.The fourth chapter is the calculation of the amount of punitive damages.Combined with a large number of cases,this paper analyzes and summarizes the classification of the basis for the calculation of punitive damages in motor vehicle sales contracts.The penalty for breach of contract shall be divided into the base of the compensation for the total price of the motor vehicle and the price of the local fraud.The punitive damages for infringement should be based on the actual loss of all the victims,including property loss and spiritual loss.At the same time,the feasibility of the punitive damages is discussed.