知假买假行为适用惩罚性赔偿评析

The Review of Applicability of Punitive Compensation to People Who Buying Fake while Knowing It

知假买假行为使用惩罚性赔偿的分歧主要集中在立法目的、消费者的认定、欺诈、打假的社会功能等四个方面。由于《消法》立法目的不明确,无法作为立论依据;由于举证难,无法否认知假买假行为为生活消费需要、事先知假,应该认定知假买假者为消费者、销售者存在欺诈,因而可以适用惩罚性规则;从社会功能上看,知假买假客观上净化了社会环境,提高了社会福利,因而法律应该确立这种行为。

The divaricating which applying of punitive compensation to people who buying fake while knowing it fastens on four aspects： the legislative intention, the identification of consumer, cheating, the social function of countering fake. By analyses, we can find that the legislative intention of the Consumer Protection Law is ambiguous, so it cannot be our basis of lawmaking. Because it is difficult to testify, so we cannot know if they buy things for living demand, and we also don＇ t know if they know the fake beforehand. We should consider the people who buy fake while knowing it as consumer and we should believe the vender do cheat consumers, so we can use the punitive compensation. In terms of the social function, the behavior of the people who buy fake while knowing it can purify the social environment, promote social welfare, so we should admit the action legally.