“知假买假”案件的法律思考

Legal Thoughts on the Cases: Customers Buy the Counterfeit Goods Knowingly

由于国家法律对“知假买假”性质的认定没有明确的规定,法学界对此观点也不一致,以致在司法实践中,对该类案件的处理结果不尽相同,这有悖于法制的统一和法律的公平原则。本文通过对该类案件进行分析探讨,提出该类案件的适用标准,并对完善这方面的立法提出几点建议。

There are some differences existing in tackling the cases of which customers buy the counterfeit foods knowingly. For there is no definitive regulation toward them in law and the viewpoints in the juristic circles are different,which is paradoxical to the unity of legal system and the principle of fairness. After analysing the cases, the author brings forth the adaptive rules to such cases and then gives the legislative suggestions.