Study On The Perfection Of Consumer Protection Law From The Perspective Of The Nature Of The Behavior "Buy Fake Products On Purpose"

Everyone has the basic necessities of life and spirit of consumer needs. Everyone is aconsumer. Protection of consumers’ rights and interests relates to everyone’s vital interests.Operators with strong economic strength, the goods or service information resourcesadvantages and other factors compared to consumers, is in a powerful position. Operators andconsumers benefit differences exist. For the profits, the violation of the rights and interests ofconsumers wrongdoing especially counterfeit happened a lot of wrongdoing, has become acommon social problems.“The consumer law” for the protection of consumers’ rights andinterests, the attack illegal operators and the maintenance of the order of the socialist marketeconomy has important sense "The Consumer Law" Article49" for the operator fraudpunitive damages regulation, greatly encouraged consumers to maintain their rights, theenthusiasm of illegal business operations. This law let consumers have the possibility ofstriking the profit. As the first fake purchaser, Wang hai see this kind of profit possibility, thenbuy fake goods and inferior product, according to the provisions of article49of “theconsumer law”, to selling of fake and shoddy products, consumer fraud as the basis, requirethe operator to double compensation. At the beginning, wang hai’s claims in general canachieve. The social from all walks of life and support such a one-sided fighting fighter.Inspired by buying Fake on purpose, more and more the wang hai up all over the country.This phenomenon from the society from all walks of life huge controversy, someone agreed,and opposition. Supporters think the fake belongs to consumers who know false, should bethe protection; Opponents think that fake purchasers is not the consumer, and should not be by“the consumer law”to protect. The justice department to the different understanding leads tosimilar cases appear different judgment. To know “buying Fake” is a correct qualitative urgentneed to study the legal problems. This paper, from two of the case, to know the meaning ofthe behavior of buying fake goods and its reason and debate is expounded, the consumerbehavior is analysed, know the fake Angle from false probe the consumer law "deficiency, theconsumer law” perfect put forward several proposals, hope to help the theory and practice.In addition to the introduction, the conclusion, this paper is divided into four parts:The first part from two similar case of different verdicts, leads the parties to know thebuying Fake controversy，and leads to the problems this article discusses.The second part discussed the meaning of the buying fake products on purpose behavior, Analyzes the reasons，instructions on whether to protect the different points of view to thebuying fake products on purpose behavior.The third part is the focus of this article，known of buying Fake acts is a legalanalysis of consumer behavior. From the basic ethics of the market economy, a constitutionalpoint of view,“consumer law” point of view three aspects analysis. From the “consumerlaw”legislative intent, from the law angle, that buy fake behavior is not the consumerbehavior and the consequences of this three aspects were discussed and Come to know thebuying Fake consumer behavior, and should be protected by the “consumer law”.The fourth part puts forward improving the “consumer law” suggestions on it. From thethird part of the analysis reflects the “consumer law” of many unreasonable place, Forexample, there is no clear concept of consumers and the definition of fraud, the effect is notideal. The fourth part is aiming at these problems, this paper puts forward some suggestions toperfect the consumer law: first, clear consumer concepts; second, clear definition of fraud;third, set up small arbitration institution in the consumer association.