On The Legal Application Of Knowing Fake And Buying Punitive Damages

Since the case of Wang Hai anti-counterfeiting in the 1990 s,buying fake products on purpose began to enter the public's field of vision and attracted widespread attention.However,there was no clear regulation that defined such kind of deed in the ‘Consumer Protection Law' of China.It makes the decision of this problem in judicial practice is not uniform,and seriously undermine the authority of the judiciary.In recent years,food and drug safety accidents have occurred frequently.When faced with a large number of trade disputes,it is necessary to analyze this issue in depth.Buying fake products on purpose is the act of buying and demanding punitive damages when the buyer knows that the purchased product is faked.In the theory and judicial practice,the main focus of the dispute is mainly on whether purposed fake-buyers are consumers and how to identify the fraud of businesses.This article proposes that the application of the punitive damages not only need to interpret the provisions,but also should to analyze the goal of the system.The establishment of a punitive damages system is to encourage consumers to participate in fighting against the fake products,crack down on illegal business practices and create a good transaction order.Therefore,the identity of the consumers should be given the fake-buyers.And no matter what the subjective purpose of the buyer for buying fakes,the fraud of the operator is existent.It is not affect the establishment of fraud,and the law should protect the buyers obtain the compensation.In addition,it is necessary to speed up the improvement of relevant laws and regulations,clear the scope of consumers,confirming the constitutive elements of fraud,detailing the exemption clauses,innovative ways to fully protect the legitimate rights and interests of consumers.