The castigatory sex that consumes a domain compensates for a system, total principle is to protect consumer to close right increase, raise undesirable businessman disobey cost. When fake is taller than quality goods cost, for profit, also won't life produces false and inferior product.
So we should say today -- castigatory sex compensates for a system.
1996, because inn of 4S of American treasure Home Ma Yi did not tell new car buyer Mr Gore, the new car that he buys has very small very small painting is new gush passes, elementary court of justice made the castigatory sex compensation that is as high as 4 million dollar to company of BMW North America.
BMW company refuses to obey, put forward to appeal to American high court, reason is " because see the paint flaw that be less than be sentenced to make together,compensating for millions dollar only is inequitable not only, and it is unconstitutional.
For this, proper program clause points out judge cite: " the amount that punishs sexual compensation ought to enough checks the similar action henceforth produces the accused again.
Final result is a paint that BMW company is roof, paid the price of 2 million dollar. And the BMW car price at that time does not pass gift 20 thousand dollar.
After this legal precedent, the United States does not have inn of a 4S to dare conceal new car and the flaw of two handcart to consumer again, consumer bought the authority of know the inside story of the car to get the protection of the oldest rate for nothing obviously.
" civil code general principles " it is OK to was mentioned the 179th times the regulation punishs sexual compensation. " tort liability law " know perfectly well product presence blemish the 47th times to still be produced, sale, cause what others dies or health damages badly, be had to counterpoise by the infringer the castigatory sex compensation with corresponding request.
Specific provision punishs a gender to compensate for amount, be " consumer rights and interests protects a law " and " food safety law "
" consumer rights and interests protects a law " fiftieth 5 operator provider is tasted or the service has fraudulent action, ought to increase the loss that recoups its to get according to the requirement of consumer, the amount that increases compensation buys the money paid for something purchased or received for something sold of commodity to perhaps accept 3 times of the charge of the service for consumer; The amount that increases compensation is not worth 500 yuan, it is 500 yuan. Law has a regulation additionally, its set according to.
Operator knows perfectly well commodity to perhaps serve existence blemish, still offer to consumer, cause what other perhaps victim dies or health harms consumer badly, the victim has according to of power demand operator Benfadi 49, fiftieth wait for law to set compensatory loss, authority asks what to suffer lose to punish sexual compensation below doubly.
" food safety law " the 148th food that does not accord with food safety standard the 2nd times perhaps is managed knowing perfectly well is the food that does not accord with food safety standard, consumer eliminates seek redress loss outside, OK still to generator or operator asks to pay cost decuple or loss the compensation of 3 times; The amount that increases compensation is not worth 1000 yuan, it is 1000 yuan. But, existence of the label of food, manual does not affect food safety and the except of the flaw that won't cause misdirect to consumer.
[basic details of a case]
During big A of the county that believe abundant presses down democratic village Guo Mou to pursue chili trade, use additive sulfureous and fumigated chili in order to achieve mouldproof, be able to bear or endure the purpose of memory. On August 18, 2017, industrial and commercial substation of public security bureau of the county that believe abundant, big A hunts down 14943.8 jins of chili in Home Guo Mou, spot distrain chili 5780 jins, the kind that to the rest at the same time 9163.8 jins of chili take the spot to close down sticks a paper strip for sealing to seal up for keeping inside the storehouse in Home Guo Mou. Guo some privately is ripped after go a paper strip for sealing will seal the sale of 9163.8 jins of chili that is put in its storehouse flow into the market. Be examined via believing medicines and chemical reagents of abundant county food to examine, in the chili sample that collects in Home Guo Mou, sulfur content of the 2 oxidation in doing chili and wet chili partly achieves 4.40g/kg, 4.65g/kg respectively, the upper limit that all exceeds food to install 0.2g/kg of countrywide home standard 20 multiple.
In June 2018, procuratorate of people of city of state of another name for Jiangxi Province mentions to court of city intermediate people civil commonweal lawsuit.
Lawsuit requests to be:
The compensation with the decuple money paid for something purchased or received for something sold of does not accord with food safety standard chili of sulfureous and fumigated edible that 1. sentences Guo Mou of your the accused to pay its place production, sale; 2. Sentence your the accused to bear cost of destroy by melting or burning of 5780 jins of of spot distrain sulfureous and fumigated chili, eliminate food safety hidden danger; 3. Sentence your the accused to be in " the daily austral another name for Jiangxi Province " or the media of city class above such as broadcasting television stage makes public city of another name for Jiangxi Province to make an apology to social community.
Court of intermediate people of city of state of another name for Jiangxi Province supported lawsuit of procuratorial work mechanism finally to request entirely.
Liang Mou and some car sale serve desk of dispute of company business contract
Liang Mou buys Lang Yi of purpose new 2015 fund " comfortable " model car, via friend introduction, toward some car the sale serves firm department to look for this company to sell employee Liu Mou before. Liu Mou recommends his to buy " drive honour " model car. This model is in " comfortable " model recorder of drive a vehicle, one key increased to start on the foundation of the car with navigation 3 functions or configuration. Actually, these 3 functions fasten his to be in by oneself " comfortable " model the privately on the foundation changes his costume or dress or add of outfit, but this company did not tell truth to Liang Mou. In Liu Mou recommend below, liang Mou orders Mai Langyi finally definitely " drive honour " model car. Bilateral initial car buys car contract, the contract agrees what Liang Mou buys a car to be Lang Yi 1.6 automatic drive honour, directive price is 146900 yuan. Morrow, money of Liang Mou pay shifts a car, in all pay money 151800 yuan. Change his costume or dress among them or add recorder of outfit drive a vehicle, one key to start with navigation the money paid for something purchased or received for something sold of 3 functions or configuration is 5010 yuan.
Because of this car the sale serves a company to be in in this case sell to Liang Mou " drive honour " model when Lang Yi car, did not add the proper motion on car of experience of its on record install 3 configuration and the relevant condition such as first wife of former plant of partial configuration blame is overall, if inform Liang Mou on the spot, existence of car of experience of this company counterproposal hides the action of true condition, this behavior makes friend con. But this are con behavior is aimed at only add the one key of outfit to start, recorder of navigation, drive a vehicle is configured 3 times, do not involve case experience car other part namely the main body part of car, this company should be opposite reason to use con part actually lawfully, namely its add the money of 3 configuration total prices of outfit to give by oneself 3 times compensation, satisfy a court decision: Company of service of this car sale compensates for proper motion of experience of Liang Mou case to increase the fund of 3 configuration total prices of outfit 3 times, namely 15030 yuan.
