Analysis Of The Case Of Hangzhou Zhongsheng Star Automobile Sales Service Company V.Ms.wang

With the rapid development of China's automotive industry market,set off a boom in automobile consumption,which is why,China's automotive industry consumer complaints have also increased,automotive consumer rights are difficult.The main reason for this is that China's clear specific relevant laws and regulations are relatively scarce,the existing legislative system needs to be improved.First,Ms.Wang bought an imported Mercedes-Benz CLS car for$700,000 and found that she couldn't get a license plate from the car administration.It was later discovered that the Mercedes-Benz 4S store had replaced some equipment without permission,and that the size of the car's tires and wheels had been replaced by a smaller one,and that it was not a brand new tire,so the owner,Ms.Wang,asked for a change of wheels and compensated for the original loss of 50,000 yuan.4S store disagrees.In the absence of negotiations,the owner decided to take him to court and asked the store to refund it and pay three.The court ruled in the first instance that the Mercedes-Benz 4S store should be sold fraudulently and that the vehicle should be refunded and compensated three times.The cumulative capital amounted to 2.7 million yuan.The store refused to accept the first-instance judgment and then appealed.Secondly,through the comparative analysis of typical cases,infringe severing the consumer's right to know and related rights,based on the elements of fraud and identification criteria,the store is judged to exist car consumer fraud,for the specific application of the fraud liability of the compensation standard to explore,thereby strengthening the right to know,fraud,punitive compensation awareness,in order to deal with the infringement of automobile-related consumption cases to achieve more just and reasonable requirements.Finally,to consider the legal related issues extended in this case,and give the legal suggestions of continuous improvement,in order to further better safeguard the right to know,it is suggested to provide the scope of the obligation of detailed notification,reasonable distribution of the burden of proof between the operator and the consumer,andappropriately increase the responsibility of the operator;It is proposed to improve the identification of automobile fraud and take gross negligence as a component of fraud,and to clarify objective fraud;For punitive liability,it is necessary to establish a set of scientific,reasonable and fair compensation standards,and gradually improve the system of protection,so that the interests of consumers get better protection.