Research On Punitive Compensation For Automobile Consumption Fraud

With the improvement of people's living standards,more and more families choose cars as a means of transportation.Compared with other consumer goods,automobiles have the characteristics of complex structure and system,deep specialization,large transaction amount and high requirement for safety performance.Therefore,automobile operators are obviously better than consumers in information control,fund mobilization,talent advantage and other social resources acquisition,which results in both sides of the transaction solving their interests.In the course of conflict,power imbalance is easy to occur.The characteristics of automobile commodities make it easy for operators to carry out a series of illegal acts such as infringing on consumers' right to know,destroying consumers' independent judgment and inducing consumers to sign contracts based on wrong perceptions.Whether these acts constitute fraud,to what extent should they be punished,and how to balance operation? Interests between the consumer and the consumer? These seemingly simple problems are just the difficult problems that people's courts need to face in dealing with automobile consumption fraud cases.The main body of this paper is divided into four parts.The first part is to put forward two main disputes in the trial of automobile consumption fraud cases by analyzing the disputes between Huang Jixing and Huiye Company.First,how should the court determine that the automobile operator constitutes a consumer fraud;second,how should the punitive compensation system be applied after the court determines that the automobile operator constitutes a consumer fraud.The second part is about the analysis of the current situation of automobile consumption fraud and the ways to regulate it.This part contains two aspects: one is the analysis of the current situation of automobile consumption fraud,the elaboration of legislative status and the analysis of judicial status by collecting 100 judicial documents.Secondly,it elaborates the relevant knowledge of punitive damages system,defines automobile consumption fraud and discusses the principles that should be adhered to in the application of punitive damages system.It is also the most important theoretical basis of this paper to clarify that the application of punitive damages should adhere to the principle of inclined protection and the principle of balanced interests.The third part is to discuss two main controversial issues in automobile consumption fraud cases.This part contains two aspects: one is to explore the identification of automobile consumption fraud,combing the main theories of the constituent elements of consumer fraud,advocating the identification of automobile consumption fraud through the four elements theory;the other is to explore how to apply the punitive damages system after the formation of automobile consumption fraud.This paper expounds the controversy on the theory of the amount of punitive damages in academic circles,and advocates the distinction between overall fraud and partial fraud when applying punitive damages,on the basis of which a reasonable amount of punitive damages can be determined.The fourth part is to put forward the countermeasures and suggestions of applying punitive damages to automobile consumption fraud.This part is roughly divided into two aspects: one is to put forward suggestions on the identification of automobile consumption fraud,the specific considerations and the allocation of burden of proof;the other is to put forward suggestions on the application of punitive damages,specifically from the two aspects of the punitive damages base standard and the calculation method of punitive damages amount.To sum up,this paper focuses on a typical case of automobile consumption fraud,makes a thorough study on the identification of automobile consumption fraud and the application of punitive damages system,and puts forward its own views,with a view to hearing automobile consumption fraud cases fairly and reasonably for the people's court and effectively protecting consumption.Some feasible suggestions are provided for the legal rights and interests of the parties.