| Up to now,there is lack of systematic and deeply study on the fraudulent behavior of purchasers in the current academic circles,there is lack of widely recognized concept or terminology for this behavior,there is lack of argumentation for its illegality,And there is lack of liability and compensation system for the fraudulent behavior of purchasers.Academic circles even confuse this behavior with traditional behavior called "know its fake but buy",witch means they have no basic understanding on that.And the way of punishing fraudulent behavior of purchasers is also limited to judging them to lose the lawsuit.The cost of fraud is too low to effectively prevent those law-breakers from breaking law,,how can we expect them to take responsibility?In this article,I will try to use "purchasers" to describe a person who is not suitable to be called a consumer.And I will try to use "the fraudulent behavior of purchasers" instead of "consumer fraud" or "consumer fraud",which is easy to cause misunderstandings.And I also will try to constitute a fictitious,concealment of the fact,and to what extent does the operator’s commodity or service defect do not constitute a defense against the buyer’s fraud,the operator pays punitive damages or the agreement based on its price to meet the misunderstandings of the buyer to demonstrate the illegality of the buyer’s fraud.To build the constitutive requirements of the fraudulent responsibility of the purchasers,define the concept of buyer fraud,and finally from the two angles of existing legislation and legislative proposals,put forward legislative and interpretation suggestions on the liability for the buyer’s fraud,in order to establish the right of compensation for damages of the operator,save the judicial resources,increase the cost of fraud and be effective.Only in this way we can curb fraudulent behavior of purchasers,keep integrity trading order and business environment well,enhance market vitality and promote social harmony. |
