Analysis Of Elements Of Fraud In Consumer Contracts

A consumer contract is a contract between consumer and operator.Although the German law includes consumers as equal subjects in the civil code,in China,consumers are generally considered to be in a weaker position than the operators,which is mainly reflected in the inequality of the ability to obtain information and the comparison of subject power.As one of the basic principles of modern civil law,protecting the weak needs to be fully reflected in the field of consumer law.Consumption fraud refers specifically to the operator's fraud in the consumer contract.On the issue of consumer fraud,the constituent elements are more moderate than general fraud,which is a manifestation of oblique protection of consumers.The first chapter discusses the basic theory of consumer contracts.The legal basis for protecting consumers in consumer contracts lies in the pursuit of substantial equality.According to the current law,consumers are generally natural persons who do the life consumption.Consumers who know and buy fake goods belong to consumers.Operators are long-term and frequent civil entities engaged in business activities.Consumers are economically disadvantaged for business operators.Consumer contract is a private law contract,subject to contract law and consumer law.To solve consumer problems,we must first stand on the consumer's stand.The second chapter discusses the definition of consumer fraud and its difference from general fraud as a necessary prerequisite for the discussion of the elements.The focus of general fraud is to protect freedom of opinion,while consumer fraud is to protect consumer rights.In general,the scope of determination of consumer fraud will be broader than that of general fraud.At the same time,general fraud can only occur during the contract establishment stage,while consumer fraud can occur during the contract establishment and performance stages.However,consumer fraud that occurs only during the establishment stage has the legal effect of general fraud;punitive damages unique to consumer fraud.The third chapter discusses the elements of consumer fraud.Fraud behavior emphasizes the independence of the behavior itself,and it is not the only requirement for consumer fraud;the definition of intentional of fraud should be defined as "fraudulent fault",intention and negligence are the same choices;fraud causality distinguishes between the food & drug field and the non-food & drug field.The employee is a kind of the counterpart fraud.To a certain extent,the rights and obligations of the two parties have achieved unity.The operator's notification obligation corresponds to the consumer's Right to Know,but it is more specific and strict than the general notification obligation;the party who violates the narrow notification obligation constitutes consumer fraud;infringement of the Right to Know is a necessary but not a sufficient condition for consumer fraud.Consumers' obligation to be cautious should be clarified and the objective standards of general rational persons in civil law should be adopted.The forth chapter is a supplement to the previous two chapters.In terms of legal liability,general liability for fraud and punitive damages apply together.Punitive damages should be considered a special form of liability for breach of contract.Administrative penalties only have the effect of finding facts,instead of direct evidence of consumer fraud.On the issue of false propaganda,degree determination should be less integrated into the subjective testimony of the judge,and the brand's awareness should also be taken into consideration.At the same time,there are some differences between false and partially false.