An Essay On The Behavior "Buy Fake Product On Purpose" And The Protection Of Consumer Rights And Interests

In china, " The Law on the Protection of Consumer Rights and Interests " ( " The consumer law" for short) is not developed by traditional civil law, but evolved from public law, and influenced by the developing civil law. The promulgation and implement of " The consumer law" has awakened and strengthened the consciousness of consumer right and self-protection. "The consumer law" is a consumer-oriented basic law and focuses on the protection of consumer rights and interests, it has entitled a good many right to consumers at the same time enough obligation to business operators. In this essay, combined with the progress of protection of consumer rights and interests, we will introduce the development of the legislation on the protection of consumer rights and interests; at the same time, because there are dispute on the problems such as " Could the behavior buying fake products on purpose be defined as consumption behavior? Are those people who buy fake products on purpose consumers? Will he or she be protected by " The consumer law" ? We will make further analysis on two different viewpoints on this dispute. One viewpoint is that those people who buy fake products on purpose could not be deemed as consumers, and this behavior is not applicable to Article 49 of the consumer law, whereas the other viewpoint is exactly opposite. Afterwards, we will state our own point of view from the protection angle and economic angel. In the end, we will make comprehensive analysis on the defects of the existing legal system for protecting consumer rights and interests which was reflected by the behavior "buy fake products on purpose " , and state the suggestion on perfecting the legal system for protection of consumer rights and interests from the aspects of legislation and Judicature.