Study On Standard And Identification Of Consumer Fraud

In the contract law,fraud is defect of declaration.In an information society,to mislead the public as a fraudulent act,it is a typical unfair competition.Particularly in the consumer field,consumer fraud makes it difficult for consumers to obtain satisfactory products and services,and violates consumers’ right to know and to fair trade in a considerable degree.Thus,consumer fraud issues should be given adequate attention,and the concept should not be confused with the general civil fraud.In China,at present,the main consumer fraud provisions of the consumer protection law and consumer fraud penalties,the standard are not mentioned in the level of existing laws and regulations.Also,in academia there is great understanding variation in the relationship between consumer fraud and civil fraud,"consistent meaning" claims that only as a result of intentional fraud operators that consumers fall into error,and thus make the intention,which is considered as consumer fraud,when “different meaning" deems that consumer fraud and civil fraud in the civil law and contract law should have different meanings.On the other hand,there are many problems in the judicial practice of consumer fraud,which has seriously affected the fairness and justice of legal authority and the society.This paper individually analyzes and compares the consumer fraud standards,and presents through four aspects--"operator subjective condition","operator objective behavior","consumer intention and causality",and ultimately concludes that consumer fraud is a behavior due to the operator subjective intent or gross negligence and objectively implement the fraud,thus encourage consumers to make the wrong behavior of intentions.By clarifying and refining the standards of consumer fraud,it should restore the proper system function and value,thus to provide clear and convincing judicial practice ideas.