解读《消费者权益保护法》第49条“欺诈行为”——兼论消费者“知假买假”

Probing into the Meaning of Fraud of Article 49 of "Subduing the Law"

从法律解释规则的角度来探讨《消法》第49条"欺诈行为"的涵义,认为欺诈行为的实质是经营者没有向消费者如实告知其提供商品或服务的真实信息,与消费者是否知假的主观态度无关,即使该消费者怀疑该商品或服务有假甚至明知有假,都不影响欺诈行为的成立.

This text probes into the meaning of 'fraud' of article 49 of 'subduing the law' from the regular angle of legal explanation and thinks that the essence of the fraud is that an operator has not told his true information of offering the commodities or services accurately to consumers, which has nothing to do with whether consumers know false subjective attitude. And even the consumers suspects that this commodities or services even know perfectly well that it is false, it does not influence the establishment of the fraud.