The Legal Nature Of Buying Fake

The reform and openness in1978put the huge productivity out of the old systemliberated. In the economic recovery process, the reform and openness has releasedhuge land resources, mobilized the most primary labor enthusiasm for the pilot. Atthat time, the simple agricultural production and large commercial distributionbrought an amazing prosperity. With the further reforming, the Chinesemarket-oriented economy is filled with booming vitality. But in this process, due tothe different main market players exist between different individual interests, alsowith the contradiction between natural inevitably produce.“Wanghai phenomenon” started in1995triggered a judicial practice field andtheoretical academic intense dispute and controversy. In fact, the similar cases indifferent regions and even the same area of different court, even in the same courtdifferent judges, got different results. The people who “Buying fake” are consumers?They can get the double indemnity?“Buying fake” claim is legal? These questions arethe focus of the dispute whether in judicial practice field or theory academia, whichare still not settled yet.In this paper, the author analysis and explain the definition, the main reasons ofthe “Buying fake” behavior. Secondly, the author summarized about the “Buyingfake” dispute content, and point out the necessity of the current discusses for the“Buying fake” phenomenon. Analyzing and discussing with the focus-problem, theauthor discuss how to strengthen the legal system for the protection of consumers’ rights. And also try to put forward her scanty suggestions.