On The Legislative Perfection Of Knowing Fake And Buying Fake Punitive Damages

Who has the right to ask for civil compensation? This is not only the urgent need to solve the problem in the judicial interpretation,but also the most controversial issue in the judicial practice.Generally speaking,the person who has been damaged,claims compensation.But whether the person who buys the inferior goods deliberately can get compensation or not? No clear answer has been given either in the Consumer Rights Protection Act or the Food Safety Law.Our judicial practice has disclosed that such cases of false purchase have existed in many parts of China.Because of the dispute over the quality of food and drug products,the deliberate buyers often sue to the court as consumers.However,courts across the country have different ideas to such a case.Theoretically,there exist two kinds of views: One view is that consumers are vulnerable groups,and many of them are not willing to litigate because of their lack of professional knowledge and the high cost of upholding rights.Therefore,such conduct can be a good help to all the consumers,who can afterwards learn to sue for their own legal rights,and our judicial departments should confirm such an act.Another view is that it is not fit to take the deliberate buyers as common consumers because those purchasers of false goods have formed the trend of commercialization,and some have even taken it as their profession or an important task,and even more some relevant institutes have been set up.Such acts deviating from the aims of consumers' rights have become an importantmeans of gaining profits.Their purpose of purchasing is not for their life consumption,therefore,those deliberate buyers can not be taken as common consumers.Some scholars believe that the Supreme People's Court promulgated the Regulations of Laws Applicable to Some Issues on the Trial of Food and Drug Disputes(hereinafter referred to as the Regulations),in which the article3 has definitely stipulated the disputes for more than 20 years over the deliberate buyers.Up to then,the question mark in the protection of consumers' rights has become a full stop.Although the community has given a high evaluation of the article 3 in the Regulations,the theoretical disputes over the deliberate buyers have never been stopped.The author thinks,the action of those deliberate buyers is in fact to defend the consumers' rights,confirming that their purchase is also to protect their own rights as consumers themselves.Their conduct has deflated the arrogance of unscrupulous businessmen,and has set a good example for all the consumers,who have now dared to say “No” to the violation of their lawful rights.So,its positive meaning has won some praises among the consumers.Although their ultimate aim is to gain profit,their conduct should be considered from all sides and their positive role should be fully confirmed.As for their taking the chance to blackmail the businessmen belongs to another problem,which can be treated according to some relevant laws.This paper will attempt to explore the above problems and try to put forward some relevant suggestions.