A Study On The Application Of Punitive Damages In The Behavior Of "Do Not Buy Fake"

In the daily shopping, we consumers tend to bring forth a pair of critical to identify fake goods, along with increasingly frequent trading, the people who want to avoid disadvantages spawned a group of "anti-counterfeit banner", Mr Wang is one of them. Mr Wang got different sentence In different court in the process of "fake profit" of litigation rights,and he met difficult when he deal with the problem. However, the authority of the court’s decision is doubted by people. The Supreme Court issued guidance of 23 cases, as for "fraud phenomenon" frequent trials of different countermeasures based on this situation. As the judge in the process of ruling provides a clear reference standards, and also has brought the legal workers in real life."Elimination article 49" created a precedent of punitive damages system with Chinese characteristics. But on the realization of its function value, especially in practice, the judge’s departure Angle will have differentiation. And the Supreme Court guidance of 23 cases of indeed from theory to the judicial practice field opens up a new way of implementation. Like a beacon, which pointed out the direction of the judicial decision. This article will revolve around the above problems, which uses case comparative analysis、empirical analysis and objective analysis. On the application of the existing laws and regulations for inference and interpretation, compared with other countries present similar system. This article obtains from the case, which is unfolding theory. The text is divided into:the first part, it expounds the study of the meaning of the author research status and research methods; the second part, it expounds mainly directed by the Supreme Court case as the research object of punitive damages; the third part, is the tracing of the system; the forth part, including the characteristics of system、function and the application in practice operation; the fifth part, it is to point to this case discussed in the consumer know the fake fake phenomenon identification and the Supreme Court case of guiding significance; the fourth part, it expounds the implementation of punitive damages system bring enlightenment...