Identification Standard of Consumer Fraud under Chinese-style Modernization——Analysis based on Functionalist Perspective
Consumer Rights and Interests Protection Law does not clearly define consumer fraud,which leads to confusion in judicial practice.Based on its unique legislative background and purpose,the identifi-cation criteria of consumer fraud should be analyzed from the perspective of functionalism.The dual func-tions of expanding the scope of punishment for consumer fraud and enhancing the intensity of punishment for consumer fraud,so that consumer fraud is different from fraud in civil laws and administrative regula-tions,the identification standard of "two elements" should be applied,and the identification scope of con-sumer fraud should be clearly defined by summarizing and enumerating.The diversity of consumer fraud and the level of subjective fault require the flexibility of penalty multiple to achieve the coordination and unity of the whole system of consumer fraud.
the law on the protection of consumer rights and interestsfunctionalismconsumer fraudpunitive damages
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