Study On Punitive Damages Applied To Automobile Sales Fraud

In order to prevent the occurrence of fraud and purify the environment of economic market,the Law on the Protection of Consumer Rights and Interests says "one refund and three compensation" for sales of fraud,and increases the degree of punishment of fraud in the sales process,for protect the legitimate rights and benefits of consumers in a vulnerable position.With the living standards of the Chinese people have improved,the automobile has become consumption good for many families.In judicial practice,automobile consumers claim that the operator is fraudulent and require the application of three times punitive damages disputes are increasing.Generally,the compensation amount involved is relatively large.Once the operator is identified as fraudulent,it will mean a higher compensation,which is of great interest to both consumers and automobile sales companies.Automobile is a complex special commodity,involving a large amount of professional knowledge.As a means of transportation,it is closely related to consumers and public safety.However,consumers in terms of trading information in serious weak position,about the cognizance of fraud in the automobile consumption,still lacks a relatively clear unified standard;In addition,in the establishment of fraud,how to determine the amount of punishment,There are also cases of inconsistency in the application of law.This paper tries to start with specific cases and combine the theories related to civil fraud to analyze the elements of fraud of automobile operators,sort out the issue of punitive damages and clarify the corresponding standards,hoping to have certain reference significance for the trial of similar cases and the rational rights protection of consumers in the future.In addition to the introduction,the thesis consists of three parts.The composition of the thesis is as follows:The first part analyzes three cases of fraud disputes of automobile operators and sums up two focal points of dispute in such cases.1.In automobile sales,how should the court determine the fraud of automobile operators when the punitive damages in Paragraph 1 of Article 55 of the Consumer Consumption Law are applied? 2.If the automobile operator commits fraud,how to determine the amount of punitive damages.The second part,firstly,study the first core question——how to identify the fraud of automobile operators is discussed.Based on the self-characteristics of automobile products,based on the current legislative status quo and judicial status quo cognition,and combined with the theory of consumer fraud cognition related theories,From the objective and subjective conditions of automobile operators;Consumers are misled by fraud;Car consumers fall into the causal relationship between mistakes and car purchase decisions,to analyze and demonstrate the constitutive elements of sales fraud constituted by automobile operators.Then,it study the second core question of the above is analyzed by legal theory,How to apply punitive liability in the face of different degrees of fraud after auto operators constitute fraud.To apply the punitive compensation system,we should start from the nature and function of the system,not only insist on the principle of inclined protection and the principle of balance of interests,but also consider the relevant specific elements.This paper makes some summary thoughts from the two aspects of the penalty base and multiple of punitive compensation.The third part is some suggestions on the trial of automobile operation fraud cases.First,to improve the identification of fraud suggestions.The fraud in the "consumer Law" is mainly based on the four elements of civil law fraud as the framework,but according to the characteristics of the "Consumer Law",it is different from civil law fraud,the subjective elements of fraud should also include gross negligence;When determining the objective elements of fraud,By summarizing the cases in recent years,it is necessary to further clarify the content,mode and time of the operator’s informing obligation,and the burden of proof.The subjective aspect should include not only intention,but also gross negligence.Consumers fall into the wrong understanding should be one of the components of automobile sales fraud.The criterion for determining causality is that the seller’s fraudulent behavior plays a decisive role in the consumer’s intention to buy a car.Second,the suggestion of determining the amount of punitive damages.It is necessary to establish a reasonable calculation method for the amount of punitive damages.The penalty base of punitive damages should be interpreted strictly in accordance with the legal context,and should be the total price of the car,which is more conducive to judicial unification.In terms of the penalty multiple,it varies according to the different circumstances of fraud,which is more in line with the spirit of fairness of the law.