Knowingly Buying False Punitive Damages Study Of Legal Issues

COVID-19 during outbreaks,"simba take goods fake bird’s nest","anhui fake masks that millions of" serious violations of consumer rights and interests,let people in has not been from the "fake vaccine that shandong","poison rice incident","false melamine milk powder incident" effect in the slow lead spirit come,once again give the people speak up,to make the society to reflect on why fake commodities in the market again with operator in the prohibition of fraud.At the same time,it also lets the society see these events move from the "behind the scenes" to the "front stage",and knows the role of fake buyers or professional counterfeiters who can not be ignored.However,how to regulate those who know fake and buy fake in "Consumer Rights Protection Law" after the introduction of punitive compensation will cause theoretical disputes and judicial practice is not unified.The proposition of whether to apply punitive compensation for buying false leave involves many issues,such as buyers and operators,private benefit behavior and public benefit effect,economic freedom and economic order,social supervision and state supervision,judicial authority and social fairness.It is of great theoretical and practical significance to know whether the study of punitive damages is applicable to the purchase of false leave.This article take the normative analysis method of empirical analysis and comparative analysis our country to know the fake fake punitive damages and research on the legal issues,and claims that we should based on the system function and result oriented system applicable standard,must know the fake fake of punitive damages provisions shall be applicable,for national economic development of the society and individual interests maintenance Besides the introduction and conclusion part of the article,the main content of the full text consists of four parts.The first part is an overview of punitive damages for knowingly buying counterfeit goods.The content includes the definition of punitive damages,the basis of punitive damages and the system value of punitive damages.The definition of punitive damages includes the concept,type and nature of the act;the concept and system function of punitive damages.The basis of applying punitive damages to knowingly buying fake includes the basis of law and economics and the basis of legislative norms.The system value of punitive compensation for knowing and buying fake includes increasing the seller’s illegal cost and punishing the behavior of making and selling fake goods;realizing the social supervision function to make up for the lack of government supervision;purifying the market competition order and guiding fair and healthy competition.The second part is the legal problems and reasons for the application of the punitive compensation system in China.First of all,the legal problems in the application of the punitive compensation system in China are expounded,such as the disunity of norms and guidelines,the repeated attitude of application,the unclear system elements,the obvious different judgments in the same case,the low compensation standard,the weak institutional deterrence,the bottleneck in the scope of cracking down on counterfeit goods,and the serious waste of national resources.Secondly,the causes of the above problems lie in the measurement of normative value in a specific period under the localization of the system,the choice of interpretation and discretion under the imperfect system,the legal stability,the inevitable result under the lag,and the incentive factors and buyers’ speculation under the "rational man hypothesis".The third part is the legislative practice and inspiration of the punitive compensation for the rights and interests of consumers outside the territory,This paper mainly expounds the legislative practice of the common law countries represented by the United Kingdom and the United States and the civil law countries represented by Germany.According to the national conditions of our country,it summarizes and analyzes that the first is to realize the localization of the system based on the national conditions.Secondly,the determination of the amount of punitive damages can draw lessons from the judicial considerations of British and American countries.The fourth part is the suggestions for the improvement of the legal system of punitive compensation for the purchase of fake goods in China.It is the core part of the article.In view of the legal problems existing in the application of punitive compensation for the purchase of fake goods in China,based on the needs of localization and the reference of foreign legislative practice,the article is summarized into three aspects of the improvement suggestions: first,adhere to the concept of functionalism,play the value of the system.The second is to improve the legal provisions and clarify the regulatory elements.This is reflected in the following aspects: clarifying the standards of consumers and operators;changing the standards of operators’ fraud;making it clear that "actual loss" is not the key element;improving the amount and benchmark of punitive damages;and coordinating and paying attention to the relevant system.It is mainly reflected in adhering to case guidance,matching case retrieval with regional development,introducing credit blacklist system and credit information publicity.