基于商铺购买者当属于消费者主体的研究

Research on the Buyer Belonging to Consumer Subject Based on Shops

近年来,商铺在投资领域受到热捧。商铺购买者的购买目的一般为满足投资、经营或居住需求。《消费者权益保护法》(以下简称《消法》)对消费和消费者的概念有着清晰的阐述,“为生活消费需要购买、使用商品或者接受服务”的行为界定为消费者的消费行为。而商铺购买者是否可以作为消费者受《消法》保护各方观点不尽相同,从司法判例中可看出,大部分人倾向于将商铺购买者看作非消费者,而是一般的房屋买受人,商铺购买者是否为《消法》定义的消费者就要看购买商铺的行为是否可以看作生活消费。生活消费,包括生存型消费、发展型消费、精神或休闲型消费等,范围会随着经济社会的发展而发展,过去不认为是生活消费的,现在或将来可能会成为生活消费。本文为了进一步论证商铺购买者是否可以作为消费者的主体资格,依据司法判例分析商铺购买者的主体资格,从而更好地保护商铺购买者的相关利益。

In recent years,shops have been popular in the investment fi eld.Generally,the purpose of shop buyers is to meet the needs of investment,business or residence.The Law on the Protection of Consumers'Rights and Intere sts clearly expounds the concepts of consumption and consumers,and the behavior of“purchasing and using goods or receiving services for daily consumption”is defi ned as the consumption behavior of consumers.However,whether the shop buyer can be protected as a consumer according to the Law on the Protection of Consumers'Rights and Interests is different.It can also be seen from judicial precedents that most people tend to regard the shop buyer as a non-consumer,as a general house buyer.Whether the shop buyer is a consumer defi ned in the Law on the Protection of Consumers'Rights and Interests depends on whether the behavior of buying a shop can be regarded as living consumption.Living consumption includes survival consumption,development consumption,spiritual or leisure consumption.The scope will develop with the development of economy and society.What was not considered as living consumption in the past,but may or will become living consumption now or in the future.The purpose of this paper is to further demonstrate the subject qualifi cation of shop buyers as consumers,and analyze the subject qualifi cation of shop buyers according to judicial precedents,so as to better protect their related rights and interests.