Study On "Fraudulent" Consumption Behavior And Its Legal Regulation

Good faith,public order and good custom are the basic principles for our conduct of civil transactions.Compared with the operators,consumers’ ability to protect their rights and interests is relatively weak.Basically,all countries have a clear tendency to protect consumers,so they often cause dissatisfaction with the operators.Many countries,in order to punish those who are not at ease,especially those who are seriously illegal,stipulate that besides compensation for losses,payment for victims is also necessary.China is not soft on fraudulent operators,setting up a compensation standard that is equivalent to three times the price of payment,and higher in the field of food and medicine.Punitive damages in the field of consumption,consumers are not the operator refers to the original fair treatment in the transaction process,the opposite operators also use tricks to complete the transaction,such behavior,the legislative attitude is negative,by setting a high standard of compensation for the operator to discipline,in order to safeguard the quality and safety of transactions,and urged operators operating in good faith,maintain a good market order.From this point of view,the behavior of "knowing and buying fake" has a certain public welfare.The aspirations of the legislator are good,and the behavior of "buying False Fake" is supported by most courts for a period of time.With the development of society,the public know buying fake "the profit decline gradually,gradually,and gradually formed a kind of occupation,the use of legal fuzzy points and operators of conciliatory psychology to obtain income.Driven by interests,this phenomenon has become a trend.More and more people join the so-called "counterfeiting" team and gradually develop towards specialization,teamwork and collectivization.In fact,the occupation of the fake and not the quality and safety of products or services as a fake starting point,but the labels and instructions,such as advertising as the focus,improve the behavior for the quality of the product or service security does not play the ideal role,to some extent,also contributed to the the real counterfeiting and fan Jia momentum.This false claim,in a certain extent will impel the operator to the quality of the product,but everything goes too far,only punish operators will bring negative effects,on China’s existing legal system test.The legal regulation of this kind of behavior is an important choice to regulate the standardization of the behavior of the market subject.In August 5,2016,consumer protection law and regulations for the implementation of the State Administration for Industry and commerce to solicit public opinion "(Draft)" second put outside the financial consumer natural person for-profit consumer behavior excluded from the categories of consumers,these people are not considered to the consumer for the purpose of life.In reply to the general office of the State Administration for Industry and Commerce(hereinafter referred to as the reply),the general office of the Supreme People’s court has also made clear that it will gradually curb the illegal activities of professional counterfeiting people with the help of judicial interpretation and guiding cases.What we usually talk about is that the consumers are deceived,and they are flickered,and the behavior of the article is not the same.Generally speaking,the perpetrators of consumer fraud are operators,not consumers.More accurately,the illegal operation is a "fraudulent" operation.And the behavior that this article discusses and needs to regulate is a kind of consumption behavior,the executor of the behavior is the recipient of the goods or services.They use the fuzzy boundaries of psychological and legal provisions operators to obtain high risk,"punitive damages",the purchase of goods or services to the operator,with the goods or services do not comply with the operator and the opportunity to describe to the operator for high compensation behavior.In this process,the behavior of the perpetrator is to use the name of consumption and the behavior of fraudulent operators,which is called "fraudulent" consumption behavior.This kind of consumption behavior pays more attention to the subjective mentality and behavior of the consumer group.The "fraudulent" consumer behavior and "fraudulent" business practices described in the previous article are the two opposite directions.As mentioned above,the "fraud" consumer behavior will focus on product identification,description,advertising and other aspects,and less attention to product quality and safety,contrary to the consumer rights and interests protection law legislation intention,and bring many negative effects,should be punished by laws.However,whether foreign or domestic law,are rarely on the "fraud" consumer behavior clearly,the judicial practice achievements have not fixed in the form of legislation,the domestic research of this problem has not been too much attention,it is prone to different codefendant situation.Some domestic scholars have studied this kind of fraudulent consumption behavior.Other countries also have some regulations on fraudulent consumption behavior,but they are relatively scattered.This paper starts from the basic theory of the legal concept of the key,and to distinguish the different "fraud" business behavior,and puts forward the concept of the "fraud" consumer behavior,through the "fraud" consumer behavior research in current situation and origin of our country,this kind of consumer behavior analysis in the current legal system under the regulations,relevant experience and learning and research in other countries,put forward the legal suggestions on regulation of "fraud" consumer behavior,hoping to draw attention to China’s "consumer fraud" legislative work.