On The Application Of Punitive Damages System To Those Who Know Fake Buying Fake

From the Sudan Red incident in 2006 to the false vaccine event in 2018,the problems in the field of food and medicine have been exposed.However,these problems are finally exposed to the public view,but not because of the government's "fight against fraud" function.The administrative function of a government has gradually become a profession of citizens in China.Whether the system of punitive damages is applicable to the consumers who buy fake products on purpose is controversial both in theory and practice.The focus of controversy is on the identification of the consumer identity,the identification of fraud,the conflict between the principle of the consumers who buy fake products on purpose and the principle of good faith,and the identification of losses.This paper holds that the distinction between the identity of the person who knows the fake and the consumer in the current legal theory system is only a discussion on the legal text for the sake of the application of the law.As a matter of fact,there is a very clear theoretical and practical boundary between the consumers who buy fake products on purpose and consumers.It is difficult for us to equate counterfeiters with consumers,either from the point of view of purchase purpose analysis or from the control of "risk".However,the distinction between the two does not mean that the punitive damages system should not be applied to the consumers who buy fake products on purpose.Instead,we should apply the punitive damages system to punish illegal acts,and encourage consumers to protect their rights.In order to curb the effect of similar behavior,we must know the positive effect of punitive damages applied by the consumers who buy fake products on purpose on the commodity market.Moreover,this paper holds that the composition of fraud has its particularity in the field of consumption,and the composition of fraud is independent of that of the person who knows the fake,and its composition is also earlier than the act of knowing the fake,and the fraud does not affect the establishment of the fraud.Furthermore,although the act of the person who knows the fake and the consumer conflicts with the principle of good faith in the field of civil activities,we should see that punitive damages can purify the commodity market and construct a more benign environment of good faith.As for the loss,this paper holds that it is not a necessary condition for the fake buyers to apply punitive damages,and the orientation of the loss should be investigated from the social effect of the punitive damages.However,due to the lack of some system design and system constraints in society,there are some problems in the application process of the people who know the fake buy fake,so this paper puts forward that we should limit the applicable field of the fake purchase behavior to improve the amount of punitive damages and enhance the public welfare of the people who know the fake to buy fake,to perfect the system of punitive damages for those who know the fake to buy fake so as to make it exert the greatest social effect and construct a socialist commodity market without "fake goods".