Research On The Application Of Punitive Damages In Buying Fake On Purpose

There has been a long discussion on the application of punitive damages for knowing and buying fakes.For the purpose of protecting consumers’ legitimate rights and interests,a country’s legislature often stipulates punitive damages system from the legal level,punishing illegal business activities such as fraud made by operators,and punitive damages made by operators to consumers.The establishment of this system does limit the illegal business activities of operators to a certain extent,but at the same time it also creates conditions for individual non-consumers to "make profits" through this system,thus giving birth to a large number of behaviors in society that require punitive damages.In our country,according to the relevant provisions of the "Provisions on Several Issues Concerning the Application of Laws in the Trial of Food and Drug Disputes",in the field of food and drugs,buyers who know and buy fake products can obtain the support of judicial organs in demanding punitive damages from operators.However,for commodities other than food and medicine,there is no clear legal stipulation on whether buyers who know and buy fakes can get punitive damages.Because the law is not clearly stipulated,the people’s court has made completely different judgment opinions on the application for punitive damages by the buyer who knows and buys fakes in judicial practice.The phenomenon of different judgments in the same case is serious,which greatly damages the judicial authority of the people’s court.Therefore,for commodities other than food and medicine,the application of punitive damages for knowing and buying fakes should be clearly stipulated by law,so as to achieve the consistency of judicial trials and maintain the credibility of judicial trials.This paper mainly discusses through four parts.Firstly,this paper expounds the research purpose,research status,research methods and scope,and clarifies the research purpose and demonstrates the significance of the research.The second part of the article studies and analyzes the basic theoretical issues studied in this article,introducing and discussing the punitive damages system and the concept of the behavior of knowing and buying fakes,and deeply analyzing the widespread phenomenon of the behavior of knowing and buying fakes.Launch theoretical research for further discussion of the article.In the third part of this paper,firstly,through the analysis of two typical cases,This paper presents the phenomenon of different judgments in the same case for punitive damages for goods other than food and medicine in China’s current judicial practice,and then further analyzes the reasons for this phenomenon,that is,the lack of clear provisions in the law leads to different understandings in judicial practice.On the basis of fully analyzing the phenomenon of different judgments in the same case,In the last part,it puts forward specific suggestions to solve this problem,including clarifying the legal provisions on the application of punitive damages for knowing and buying fakes,clarifying the adjudication rules of controversial legal acts,and setting alternative rules,in order to realize the perfection of the system and realize the balance of interests between consumers and operators.