Proceedings of the 4th International Conference on Economy, Judicature, Administration and Humanitarian Projects (JAHP 2019)

Study on Mental Damage Compensation in "Law on Protection of Rights and Interests of Consumers" Interpretation of Article 51 of the "Law on Protection of Rights and Interests of Consumers"

Authors
Mengkun Xu
Corresponding Author
Mengkun Xu
Available Online September 2019.
DOI
https://doi.org/10.2991/jahp-19.2019.38How to use a DOI?
Keywords
operator; victim; personal rights and interests; serious mental damage; compensation for mental damage
Abstract
Law on Protection of Rights and Interests of Consumers is a modern law which inclines to protect the legitimate rights and interests of consumers based on the inferior position of consumers. Compensation for mental damages is a way to relieve the mental damages suffered by one party of the victim by means of monetary compensation. Article 51 of the "Law on Protection of Rights and Interests of Consumers" stipulates that consumers may claim compensation for mental damage from operators. From a logical point of view, it includes three parts: "operators have acts of insulting and defaming, searching the body, infringing personal freedom and infringing on the personal rights and interests of consumers or other victims"; "it causes serious mental damage"; and "victims can claim compensation for mental damage". From a structural point of view, it includes five key words such as "operators", "victims", "personal rights and interests", "serious mental damage", and "compensation for mental damage". On the basis of adhering to the holism, this paper focuses on five key words and applies semantic interpretation, historical interpretation and other interpretation methods.
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Cite this article

TY  - CONF
AU  - Mengkun Xu
PY  - 2019/09
DA  - 2019/09
TI  - Study on Mental Damage Compensation in "Law on Protection of Rights and Interests of Consumers" Interpretation of Article 51 of the "Law on Protection of Rights and Interests of Consumers"
BT  - The 4th International Conference on Economy, Judicature, Administration and Humanitarian Projects (JAHP 2019)
PB  - Atlantis Press
SN  - 2352-5428
UR  - https://doi.org/10.2991/jahp-19.2019.38
DO  - https://doi.org/10.2991/jahp-19.2019.38
ID  - Xu2019/09
ER  -