Why to plant the consumer below the circumstance can ask with the fraudulent action of operator or server 3 times compensation
Fujian is wide amount to (blessing is clear) attorney office Director Chen Jibao is analytic:
Basis " rights and interests of consumer of People's Republic of China protects a law " relevant provision: Consumer needs to buy for unripe vivid consumption, use commodity perhaps accepts a service. Operator is the principal part that the goods that offers its production, sale for consumer perhaps provides a service. And the deed that if not be for the life,accepts a service of consumptive need suffers other law, code to adjust. So set according to this law: 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.
According to " consumer rights and interests protects a law " fiftieth 5 regulation, in domain of common consumer goods, consumer obtains the premise that punishs sexual compensation is the fraudulent action of operator. Of civilly con, according to " opinion of civil code general rule " the 68th explanation, should signal false case intentionally for operator or conceal true condition intentionally, make consumer made wrong meaning express. If consumer is known perfectly well it is operator con sexual behavior and buy, use commodity or accept a service, say normally namely know a holiday to buy a holiday, this kind of behavior is nonexistent its are subjective on get con case. So castigatory sex compensation won't be supported.
Relevant law seeks advice from an address: Edifice of fierce of be in harmony of Jiang Bin district of blessing quiet city 7 708. Scope of business: Criminal, civil, economy, labor, traffic
