The Law Applies To Punitive Damages For Buying Fake Fakes

The protection of rights in the consumer field has been causing widespread concern,which has produced a number of professional counterfeit hunters in the consumer field.In 2017,the general office of the supreme people's court issued a reply to Yang guoxiu,a deputy to the National People's Congress,proposing to gradually curb the profit-making activities of professional counterfeiters,saying that it had a negative attitude towards professional counterfeiters,which brought the dispute of knowing and buying counterfeiters back to the scope of discussion.Since the implementation of the law of the People's Republic of China on the protection of consumers' rights and interests in 2014,the punitive damages clause in article 55 has further increased the compensation amount,which has increased the enthusiasm of consumers for safeguarding their rights and made illegal operators pay the price.Whether should let know false buy false person to obtain punitive compensation,this has caused widespread controversy in practice.Therefore,it is of great significance for theory and practice to study this problem.The revised law also allows counterfeiters to make a profit by buying fake goods and defective products,such as production dates,expiration dates and ingredients.If the commodity is found to have the above problems,on the basis of the consumer rights and interests protection law 55 to carry out three times the claim,in judicial practice to know the problem of false buyer claim,that is to know whether the false buyer can obtain punitive damages,the courts have different judgment standards.Some courts think that consumers can get punitive damages when they buy fake products,while others think that consumers cannot get punitive damages when they buy fake products.In addition,courts around the country also have different understandings on the condition of "fraudulent conduct" and the determination of "loss" in article 55 of the consumer rights and interests protection law.In judicial practice,the different understandings of this law lead to the different application of punitive damages,which is not conducive to the guiding role of the law.This paper starts from article 55 of the consumer protection law and summarizes the disputes in judicial practice by case analysis.After that,the dispute over the application of this law is resolved by means of legal interpretation.Clearly put forward the use of objective standards of behavior to judge the scope of consumers,certainly know that the fake buyers as long as the purchase of goods did not carry out secondary sales is a consumer.On the identification of "fraud" behavior,it is proposed that the "fraud" judgment in the consumer rights and interests protection law should also strictly abide by the "four elements" theory.In determining the "loss" of this article,it is suggested that the "loss" referred to in paragraph 1 and paragraph 2should be differentiated.I hope it can be helpful to the judicial practice in the future.