In recent years, frequency of accident of our country product liability is sent, the investigation program that broadcasts every year on 15 evening parties of 3 · is general the consumptive heat of follow closely instantly, in tracking consumption to live unbeknown " go regular " , exposure of rights and interests of enroach on consumer heavily " inside story of a plot " . The accident of exposure if: Engine of car of fighting spirit of way of much ground masses drinks beverage of food of card of go under sb else's name of copy of market of water issue, country what infestation, additive exceeds mark sanitation not to amount to mark is hot, feed adds pigment " healthy earth egg " , want money awfuller small borrow APP to wait. Make the false, behavior that peddle a holiday be banned repeatedly more than, this is caused to consumer rights and interests damage badly while the consumptive confidence that hit consumer badly also. Dozenth on October 25, 2013 the 5th times the conference is opposite a Standing Committee of the National People's Congress " rights and interests of consumer of People's Republic of China protects a law " undertook the 2nd times correction, the castigatory sex of enroach on of rights and interests of the person that stipulate offset is expended clearly compensates for a system, the customer that gets enroach on in order to encourage sues illegal operator, win taller than be being damaged actually compensation; Penalize illegal operator, precaution is similar malfeasant happen once more, purify market environment.
No matter be civil activity, or trade issue trades, it is the act that violates honest credence principle badly false. Alleged and con, it is to show one party party tells each other intentionally false circumstance, conceal true condition intentionally perhaps, prevail on the opposing party makes wrong meaning denotive civil action. Exist in consumer protection domain 4 kinds of fraudulent action, namely commodity con, service con, credence is mixed false consumption is con, it is to be in consumptive domain is intended with the dummy fact, means that hides the fact, make by con person be immersed in a mistake to know hand-in-hand travel to trade, get illegal benefit then, cause the other side to join the illegal action of right beneficial damage.
Commodity is mixed false the service is operator false the behavior of con consumer, property is behavior of break a contact, ought to undertake the responsibility of breach of contract that punishs sexual compensation. " consumer rights and interests protects a law " the 55th the 1st is reached " contract law " the 113rd made specific provision the 2nd times. To this, ought to generalize to manage con.
The travel humanness with con credence basically is operator, but also other action person is participated in, current network credence is con very much, behavior person adopts shocking measure, use fiction to trade, raise account credence integral, improve goods sale and delete the false credence such as unfavorable opinion to acclaim a method, obtain the letter expenditure that its enjoy prep above actually, credit to spend wait for illegal profit, the person that offset is expended, person that be the same as already battalion and network trade the legitimate rights and interests of the person that platform is offerred causes damaged illegal behaviour. This kind of fraudulent action, did not use castigatory sex system of liability, its property attributes action of break a contact of tort behavior and rather than.
Consumption is to point to behavior person false the identity with consumer, in buying commodity to perhaps accept a service, dummy fact, the service that the commodity that pretends operator is sold perhaps provides is formed manage con, use castigatory sex system of liability to get illegal benefit, enroach on operator closes right increase, destroy the market to trade the fraudulent action of order. Consume fraudulent action to relieve way cent to be two sort model, it is the consumption that puts forward to punish a gender to compensate for claim for compensation to operator directly without proceeding con; 2 it is the consumption that penalizes a gender to compensate for claim for compensation to operator through proceeding con.
Consumer needs to buy for unripe vivid consumption, use commodity perhaps accepts a service, its rights and interests suffers " consumer rights and interests protects a law " protection. Consumer enjoys know its are bought, the right of the true condition of the service that use commodity perhaps accepts. Operator provider is tasted or serve, cause consumer belongings to damage, ought to the requirement according to consumer, in order to repair, re-act, change, withdraw measure of goods, complemental merchandise, return payment for goods and service charge to perhaps compensate for the means such as the loss to assume civil responsibility. " consumer rights and interests protects a law " what the 55th place sets is castigatory sex indemnity clause, those who be aimed at is operator violates the act of honest credence principle, baleful break a contact that harms consumer interest, the purpose of indemnity clause setting depends on this penalty sex be being punished through inflict, carry out with preventing its to repeat wait for illegal behavior false, cautionary other does not take similar action.
Top people court released the 5th batch of directive case on November 8, 2013, among them the 17th directive case: Zhang Li appeals to Beijing join forces China connects a car to serve desk of dispute of contract of limited company business, it is important to consume con case to have to cognizance consult meaning.
This judgment of directive case wants a place: 1. For domesticity consumption needs to buy a car, produce con issue, can according to " consumer rights and interests protects a law " processing. 2. Acceptance of the person that the car is sold sells the new car that was not used or has maintained to consumer, the discovery after consumer is bought fastens the car that use or has maintained, the person that sell is indemonstrable already fulfilled tell obligation and get consumer is approbated, make a sale con, the person that consumer asks to sell protects a law to compensate for losing according to consumer rights and interests, people court should grant to support.
Juridical reason: 1. Accuser Zhang Li buys a car to because the life needs for private use,be fastened, the accused join forces China connect a company to prove without evidence Zhang Li buys this the car is used at managing or other blame life is consumed, reason Zhang Li buys the behavior of the car to belong to the life to consume need, ought to applicable " consumer rights and interests protects a law " . 2. Sign according to both sides " the car sells a contract " agreement, join forces China connects the car of company delivery Zhang Li to should be the new car that does not have maintenance log, car of carry out showing place passes maintenance actually before consign, this is the fact that both sides recognizes jointly, the focus of this case controversy is reason join forces China connected a company to whether be fulfilled beforehand tell obligation. 3. Of car sale price reduce or privilege and giving a car to act the role of is the sale strategy with commonly used distributors, also be the outcome that bilateral party negotiates, cannot conclude from this give join forces China to connected a company to undertake depreciating mixing to its on the foundation that informs flaw of existence of Zhang Li car privilege. The traffic that join forces China connects what the company refers to Zhang Li signs has sex check and accept sheet, because fasten join forces China to connect company home remedy to save, and the member that one column content does not colleague by this company writes remarks, together with Zhang Li does not grant to approbate to this, should check and accept sheet to be able to 't prove Zhang Li to understand had been maintained before car somewhat. Reason is right join forces China connects company counterplea to say its fulfilled a flaw to tell obligation to Zhang Li, do not grant to collect a letter, should maintain join forces China to connected a company to conceal the flaw that car exists when carry out car, have fraudulent action, should retreat car reimbursement and increase the loss that recoups Zhang Li.
The author thinks, consumer buys commodity to perhaps accept a service, the person that sell, server exists really con, accord with " consumer rights and interests protects a law " " contract law " " food safety law " formulary commodity of the requirement with con or con service, consumer puts forward to punish a gender the litigant request of liability to pay compensation, have warrant, the court ought to support his to request lawfully, protect the legitimate rights and interests of consumer. " consumer rights and interests protects a law " medium castigatory sex compensation, be not is the damages that the principle is with fill and level up in traditional civil law merely, the special compensation that has punish function, penalty function, precaution function and incentive function however. It uses market regulation to make the action plan of the law make train of thought, want business operator to be put in fraudulent action only, behavior is lawbreaking regulation, cause consumer loss, punish a gender to compensate for applicably namely.
