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Operators and consumers of consumer fraud

Author: ChangLiang
Tutor: WangJianPing
School: Sichuan University
Course: Civil and Commercial Law
Keywords: consumer dealer consumptive fraud
CLC: D923.8
Type: Master's thesis
Year: 2003
Downloads: 405
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Abstract


Thanks to the rapid development of society and economy, the self-awareness of consumers has awakened. The protection of consumers has been well-established by legislation and administrative supervision-It is essential to review the consumptive fraud,adjustments and conjunction between dealer and consumers regarding more extensive and complicated consumers’ issues. According to the Article 49 of LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE PROTECTION CONSUMER, dealer have to prevent consumers from being cheated ,otherwise they should be punished.Because there is no definition in the field of law,scholars and judgers have great divergence on consumptive fraud’s factors. Consumer Protection Law, as a special law of civil law, has regulated some factors idented to civil law.But Consumer Protection Law has some different factors, we will discuss the related issues in the thesis.The thesis mainly focuses on the research of consumptive fraud. The major issues on fraud are as followings:1, There is exist a behavior of cosumptive fraud by the dealer. The dealer include seller and manufacturer.2, The dealer have intention to flaud, and they should undertake the liability of giving proofs.3, The consumer,including Consumer, Subsequent Owner and User,should take on exact consumption. In our country, the farmer is also regarded as consumer by law. We analyze the divaricate consumption such as educational train, medical service and merchandise house’s purchase.4, The consumer should fall into wrong conscious for dealer’s fraud on subjective aspect.In order to maitain the order of trade, the consumptive fraud should include the four factors as mentionedlt’s beneficial to protect consumer’s rights that apply the punitive damages to dealers in the LAW OF PROTECTION CONSUMER.The author think it is necessary to recommend the amendment of the LAW OF PROTECTION CONSUMER.

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