The Study On Punitive Damages Of "Buying Fake"

The court upheld the "wang hai Knows the fake and buys it",which was initially supported by the court,before the court refused to support the idea that the counterfeiters were not consumers.The supreme people's court yinshan v.23 guidance case-sun auchan supermarket co.,LTD.,nanjing jiangning store sale contract dispute to " Know the fake and buy it " marks the court the application of the punitive damages have changed.Later,the supreme people's court on some issues of legal provisions shall be applicable to the food and drug administration disputes "clearly affirmed the" f Know the fake and buy it "in the field of food,drugs for punitive damages system.The " rules " makes " Know the fake and buy it " apply the punitive compensation system at the specification level have a certain legitimacy foundation,supreme people's court,the people of a court President Yang Lin ping also made it clear affirmation personal " Know the fake and buy it " in the field of all applicable " elimination "(hereinafter referred to as the " elimination ").In accordance with the provisions of the regulations and the Supreme Court,the court also applies the punitive damages of " knowing false purchase " to the general field of food and medicine.In May 2017,the general office of the supreme people's court in it [2017] no.181,to " that Know the fake and buy it is not fraud "," know false fake targets "," that Know the fake and buy it against the principle of " good faith " Know the fake and buy it " three reasons for denial behavior of punitive damages claims.On the basis of " the particularity of food and drug problem and the specific situation of judicial interpretation and judicial practice ",it affirmed the " knowledge and false buying " behavior of food and medicine.From 1995 to 1995," Know the fake and buy it " from " wang hai anti-counterfeiting not approved to 23 guidance " the supreme people's court case " as the starting point of all recognition,and to some of the recognition method.The Supreme Court's attitude to " Know the fake and buy it " sorry tale,new "consumer rights and interests protects a law" revised in 2013 has not responded," Know the fake and buy it " punitive damages is still has great controversy.In this paper,the author from Shanghai savol care cosmetics co.,LTD.,with liu,wal-mart department store co.,LTD.,chongqing nanping deep international trust &investment branch product sellers liability case,induces " Know the fake and buy it " the system of punitive damages dispute focus on " Know the fake and buy it " definition of consumer identity," Know the fake and buy it " whether fraud and fake "" know the necessity of punitive damages shall apply.The author thinks that professor liang huixing's subjective theory is that it is difficult to define the consumer's way from the purchase motive.The objective theory of professor wang liming is that as long as it is not used for resale,it is more operational and scientific.The author agrees with the latter.So the "know false buyer" of course belongs to the consumer.There is an essential difference between fraud and fraud,and the judicial explanation of fraud in the interpretation of the people's general explanation does not equal the connotation of the fraud in the law.Combining the regulation "and" securities law "and other laws of expression about fraud,fraud is operator's unilateral action,not by trading object into a misunderstanding and for intention for constitutive requirements." Know the fake and buy it " applicable legislative purpose of punitive damages system in line with the "elimination",through " Know the fake and buy it " can increase the operator's illegal costs,forcing its legal operation,reduce the risk of consumers being cheated,protect the legitimate rights and interests of consumers,maintaining the social economic order,promote the healthy development of socialist market economy,must know " Know the fake and buy it " apply punitive damages system has its necessity." Know the fake and buy it " on this basis,the upper limit of the scope of punitive damages and will also be necessary to further improve,in order to maximizes the "elimination" give "people fake " of the social supervision function.