论消费者权益保护法与相关法律之竞合

Law on Protection of the Rights and Interests of Consumers and Corresponding Laws: Competition and Cooperation

消费者权益保护法在与侵权责任的竞合实质为惩罚性赔偿中赔偿数额的竞合。而与合同法的竞合是在赔偿标准的方面的竞合。当发生责任竞合时,我国司法实践中对于责任竞合的处理对策是允许受害人在一定的限制条件内对于竞合的法律选择请求权。

The nature of the competition and cooperation of consumers＇ rights and in- terests protection laws is that of the amount of compensation in the case of punitive dama- ges,while the competition and cooperation between that and the law of contract is the about measure of indemnity. In the case of concurrent liability, Chinese judicial practice allows the victim, with restricted condition, to choose the right Of claim.