Research On The Legal Nature Of The Behavior Of "knowing Fakes And Buying Fakes"

This article analyzes the controversial issues in the academic and judicial practice circles through the analysis of the act of“fake and buy fake",andcombines the latest legislation in China on the issue of "fake and buy fake" to analyze the emergence of this behavior under the market economy system in China.The meaning of the law is given in the end and the legal amendments to the issue are proposed.The first chapter is an academic analysis of the nature of the behavior of"fake and buy fake." The main content of this chapter is to analyze the academic community's different opinions on the nature of "fake and buy fake" behavior,and separately discuss the two viewpoints of admitting that "fake and buy fake"is a consumer behavior and denial of "false buying" as a consumer behavior.,And summed up and compared the two points of view of the controversy,that is,"to know whether to buy counterfeiters" is a consumer,whether fraud occurred during the transaction.This article further elaborated the viewpoint that this article believes that "fake and buy fake" is a consumer behavior.The second chapter is the legal examination and defect analysis of our country's current practice of "fake and buy fake".The first is a dynamic analysis of the relevant legislation on "fake and buy fake".Although China's current"Consumer Protection Law"(hereinafter referred to as the "Consumer Law")does not explicitly stipulate the“fake-to-fake" act,it passed the“Supreme Law Review" passed by the Supreme Court's adjudication committee in December 2013."The Provisions on Several Issues Concerning the Applicable Law of Food and Drug Disputes Cases" affirmed that compensation can be obtained for "fake and buy fake goods." Afterwards,the Intermediate People's Court,the High Court,the State Council,and the Supreme People's Court of many provinces and cities have issued relevant documents to "fake frauds." "The compensation situation is limited.Then it analyzes that China's current legal requirements for"fake and buy fake" are not perfect.There is an obscure subject of "fake and buy fake".Each region has different opinions on "fake and buy fake",and the cost of consumer rights protection is too high.problem.Third,the "Regulations on the Implementation of Consumer Protection Law" submitted by the State Council and the Supreme People's Court's "Response to the 5th Session of the Twelfth National People's Congress No.5990" have played a guiding role in The future legislation and judicial practice are predicted in two aspects.The rationality of giving compensation in Chapter 3,"Learning to buy fake," focuses on expressing the point of view in this paper about "fake and buy fake." The necessity and rationality of the existence of this behavior are demonstrated from the two aspects of "the purchase of fake goods and the purchase of counterfeits" that are conducive to the development of the market and the purchase of "fake" and the legal theory.The fourth chapter is about perfecting the relevant provisions in the "Cheats to Buy" clause.This article starts with the definition of consumers,defines the definition of fraud,improves the relevant provisions of the punitive damages in the "Consumer Protection",and guides the "fake-to-fake purchaser" as well as the treatment of consumer rights disputes in the judicial practice.In this regard,reasonable advice was given on the solution to the problem of "fake and buy fake".