Analysis Of Liu Jiang’s Buying" Moutai Bulao Wine" Case

With the development of economy,the level consuming is gradually improving, and the demand of consuming is also improving.The original Consumer Law is short, and it is hard to put it into practice, so some consumers’right can’t be protected. Liu Jiang’s buying "Moutiai Bulao Wine" is a typical case of "knowing and buying the fake". After analysing the case,I found that the law Liu Jiang s case involved is too rigid, too abstract. When consumers and operators dispute with each other, some theoretical scholars and practitioners interpretate differently from their own understanding of the law, controversy focused on whether those who know buying the fake are consumers, involving the defining to consumers and fraud. there were two results for courts decision.,bringing puzzles to theoretical scholars and practitioners and disadvantages to the consumer rights, resulting in consumers being not enthusiastic about their rights.This essay started with the focus of controversy, analysed the consumer defining and fraud defining, and analyzed the dispute of scholars and practitioners. It combined with the newest revised Consumer Law and judicial interpretation of the new supreme law, drawing a conclusion that fake purchasers are consumers.In this essay, the auther provideed theorists scholars and practitioners theoretical advice. Aproposal can be made by combining cases and theories,and controversial focuses can be analysed by making use of theories, professional knowledge and materials of documents,and by doubting bravely and proving carefully by means of mastered theories.In practicle law, scholars and practitioners should start with the rule about fraud, and protect fake purchasers.The legislature must confirm the meaning of consumers and the meaning of cheating.This essay gave some theoretical suggestion for theoretical scholars and practitioners,making the aim of protecting consumers well realized.