Analysis Of The Legal Issues Of "knowing Fakes And Buying Fakes"

In daily life,and every time we leave the consumption,are also consumers,so consumers’ rights and interests protection is closely related with the vital interests of each and every one.But now it is a common social problems concern,is to produce fake goods with a lot of fake fake problems.Since 2014,the consumer rights and interests of the People’s Republic of China protects a law \ "(hereinafter referred to as\" new \ "elimination\")modified,know the fake fake problem presents the blowout growth;New \ "elimination\" in more to protect the interests of the consumer has a certain influence on the market economy at the same time.New "elimination" of article 55 of the terms of the punitive damages,further increase on compensation,compensation also increased at the same time,it is not only in order to raise the enthusiasm of consumer rights protection,at the same time also to hit illegal operators.However,the revised terms also make it clear that the fake buyer sees a new direction for profit.You know fake fake and buy fake goods or defective product label,then according to the new "elimination" stipulated in article 55,and "food safety law" the 99 th regulation,ask operator for three times or ten times compensation.Since the first man wang hai won a successful lawsuit and benefited from the false start,he was driven by the profit of this kind of knowledge,and a batch of "professional counterfeiters" came into being in the country.The emergence of this social phenomenon has aroused the discussion and controversy of the whole society.There are two main arguments in the field of jurisprudence: among them,the opponents argue that consumers should not include the false buyers,and should not be protected by the law.Supporters of the fake buyers are also consumers and should be protected.In fact,China’s judicial and law enforcement agencies also differ on the identification of false buying,and many similar cases will have the opposite ruling.Therefore,to solve this problem requires a clear identification standard,which is the legal issue that is urgently needed to be discussed.This article from the two actual cases know the fake fake issues,illustrates the concept and know the fake fake argument,from the perspective of legal theory,the definition of the analysis of consumer behavior,and to know the fake fake problem itself as the breakthrough point,analysis of the new "elimination" aspect,put forward some Suggestions on perfecting the "elimination",hope to the elimination of the theory and practice can help.