Legal Thinking Of Buy Fake Known Cases

With the continuous deepening of Reform and opening up, Chinese market economy is developing quickly. As there are different interests between different market players, inevitably there are various contradictions. In recent years, successive cases of"know that buying Fake"have triggered a wide range disscusion of academic and intense controversy of judicial practice. There are different trial results among many similar cases in different courts of different parts which is seriously threating the fairness of the judiciary and the authority of law in the eyes of citizens. Whether Fake Purchasers are consumers and whether they could get double Indemnity, or whether their asking for indemnity justifiable ? Such controversy has not stopped entill today.either schools or practitioners still armed with their words, without conclusion. Some people think that Fake Purchasers are malicious subjectively. Their consumption motivations are not to purchase goods,and they violated the principle of good faith which is contrary to the social and moral philosophy.So they are not consumers and should not get double compensation based on "Consumer Protection Law "Article 49. While others considered that Fake Purchasers 's subjective motive should not be a factor of justifying whether they are consumers. Operators to product and sale fake and shoddy goods at first,The action of buying Fake is benefit to punish the operators who sell fake goods and clean up the market order,so they should belong to consumers, even should be called as "hero." Return to the angle of the rule of law, the focus of the contention is the definition of the "consumer" and the identification of the concept "fraud"in "Consumer Protection Law ". In the article, I described the fact and judgment of the case, the defination,the reason and the necessity of the discusion of this case simplely at first. Then, I summarized the controversies of buying fake, analyzed the focus of controversy. At last I analyze the deficiency of "Consumer Protection Law " and the legal system of consumers'rights protection from two aspects of legislation and justice and attempt to raise some plain advice.