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

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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
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.

Copyright
© 2019, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 4th International Conference on Economy, Judicature, Administration and Humanitarian Projects (JAHP 2019)
Series
Advances in Economics, Business and Management Research
Publication Date
September 2019
ISBN
978-94-6252-789-8
ISSN
2352-5428
DOI
10.2991/jahp-19.2019.38How to use a DOI?
Copyright
© 2019, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

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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  - Proceedings of the 4th International Conference on Economy, Judicature, Administration and Humanitarian Projects (JAHP 2019)
PB  - Atlantis Press
SP  - 172
EP  - 176
SN  - 2352-5428
UR  - https://doi.org/10.2991/jahp-19.2019.38
DO  - 10.2991/jahp-19.2019.38
ID  - Xu2019/09
ER  -