On the Denial of Consumer Identity and Protection of People Who Knowingly Buy Fake Products <br/>—Taking Chinese Market as an Example — Oak Academic Publishing
Research ArticleOpen AccessGoogle Scholar indexed
On the Denial of Consumer Identity and Protection of People Who Knowingly Buy Fake Products <br/>—Taking Chinese Market as an Example
Law School, University of International Business and Economics, Beijing, China
,
Central China Normal University, Wuhan, China
1 Law School, University of International Business and Economics, Beijing, China
All organizations and individuals that purchase counterfeit products ought to be protected by the law. However, the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests (referred to as “the new Consumer Law ”) is not applicable to all of them. Each law has its scope of application, and all legal norms and terms have specific connotation and extension for which arbitrary interpretation is not allowed. Currently, how to identify a person who knowingly buys fake products is usually determined based on whether the purchase is made “for the needs of daily consumption”. The paper applies case study and comparative analysis methods to analyze the legislative purpose of the New Consumer Law , the practical dilemma of the primary criterion to identify the purpose of buying fake products, and the position change of these people throughout the revision of the Consumer Law , aiming to argue that whether a “knowingly-buy-fake” consumer is protected by the New Consumer Law should be determined by whether the buyer is in a disadvantaged position compared to the business operators. The consumer identity should be denied, nevertheless the legitimate rights and interests of them, as civil subjects, shall still be effectively protected by relevant laws.
KeywordsKnowingly Buy Fake ProductsConsumerDisadvantaged PositionThe <i>Law on the Protection of Consumer Rights and Interests</i>The Chinese Market
Canaris, C. W. (2006). German Business Law (Translated by Yang, J.). Law Press.
Cao, X. Q. (2011). The Transformation of the Establishment Angles of Commercial Legal System: Taking the Protection of Financial Consumers as an Example. Journal of Shanghai University of Finance and Economics, 13, 26-33.
Chi, Q. N. (2020). Study on the Application of Punitive Compensation of “Knowing and Buying Fake”. Fujian Quality Management, No. 17, 205-206, 170.
Cui, J. (2013). Comparative Study on East Asia Consumer Contracts Laws (pp. 8-110). Peking University Press.
Gan, Q. (2016). Recognition of the Legal Status of “Consumers”. Political Science and Law, No. 12, 114-115.
Gao, Z. H. (2021). Judicial Determination and Logical Proof of Consumption Fraud. Academia Bimestris, No. 1, 158-166.
Guo, M. (2015). Does “Knowingly Buy Fake Products” Protected by the Law of P.R. China on the Protection of Consumer Rights. Contemporary Law Review, 29, 69-72.
Hu, J. B. (2016). Professional Fake Hunters Use Private Interests to Protect Public Interests. https://www.toutiao.com/i6262442234663141889
Hu, J. Z. (2009). Reflection on the Phenomenon of “One More and One Less” in Consumer Rights Dispute Cases. The People’s Judicature, No. 5, 73-74.
Jiang, Z. J. (2006). On Consumer Relationship and Its Application (p. 33). Ph.D. Thesis, China University of Political Science and Law.
Jiang, Z. Y., & Ma, M. F. (2022). On the Applicative Definition of Punitive Compensation System. Journal of Wuhan Metallurgical Manager’s Institute, 32, 14-22.
Legislative Affairs Commission of the Standing Committee of the National People’s Congress (LACSC) (2013). The Legislative Background and Viewpoint of the Law of Consumer Rights and Interests (p. 185). Law Press.
Li, J. (2016). On the Logical Basis, Value Concept and System Building of “Knowingly Buy Fake Products”. Contemporary Law Review, No. 6, 82-88.
Li, R. Y., & Chen, C. (2015). Analysis on Whether Punitive Damage Is Applicable to Buying Known Fake Product. Law Science Magazine, 36, 48.
Liang, H. X. (2001). Interpretation and Application for Article 49 of the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests. People’s Court Journal, No. 3, 29.
Lin, X. D. (2016). Study on the Information Obligations Prior to Conclusion of the Consumer Contract. Northern Legal Science, 10, 93.
Liu, B. Y., & Wei, Z. H. (2017). Buying Fake Intentionally: Theoretical Interpretation and Legal Application. Legal Forum, No. 3, 63-65.
Lu, Q. (2014). On the Obligation to Disclose in the Consumer Protection Law: Comments on the No. 17 Guiding case by the Supreme People’s Court. Tsinghua Law Review, 8, 160.
Ma, Y. D. (2015). Deconstruction and Reconstruction of Consumer Concept. Law Review, No. 6, 30-41.
Peng, W. Y. (2017). The Legislative Regulation of Professional Fake Hunters. Cognition and Practice, No. 5, 43.
Shang, D. D. (2017). An Analysis of the “Profit-Making” in the Fake Purchase. Journal of Taizhou Polytechnical College, 17, 28.
Sun, Q. Q. (2017). Analysis of the Application of Punitive Damages in the Act of “Buying Fake on Purpose”. Journal of Shanxi Politics and Law Institute for Administrators, 30, 61.
Tian, Y. (2022). Recognition and System Specification of the Whole Field of “Know-Fake-Buy-Fake”. China Business & Trade, No. 6, 53-55.
Wang, L. M. (2002). The Concept of Consumer and Limits of Adjustment in the Law on the Protection of Consumer Rights and Interests. Political Science and Law, No. 2, 8.
Wang, X. M. (2010). The Concept of Consumer in Chinese Consumer Protection Law. Journal of Beijing Union University (Humanities and Social Sciences), 8, 77.
Wenshu Court (2015). Second Instance Paper of Civil Judgment No. 858 on Disputes between Huang Xiaoping and Zhejiang Tmall Network Co., Ltd. for a Dispute over a Purchase and Sale Contract. https://wenshu.court.gov.cn/website/wenshu/181107ANFZ0BXSK4/index.html?docId=4fb352123e794090b2cb7dbbcbd3c717
Wenshu Court (2017). Second Instance Paper of Civil Judgment No. 6568 on Disputes over Seen Zhou Zhibin and Shenzhen Aoxiong Supply Chain Co., Ltd. Sales Contract Dispute Case. https://wenshu.court.gov.cn/website/wenshu/181107ANFZ0BXSK4/index.html?docId=e15bd6c5063d4e19aa5fa858015bff8e
Wenshu Court (2020). Final Instance Shang Qingfeng V. Henan Hometown Flavor Trading Co. Ltd., Paper of Civil Judgment No. 9505 on Disputes over Sales Contracts. https://wenshu.court.gov.cn/website/wenshu/181107ANFZ0BXSK4/index.html?docId=3125abf450044f45b0aeab9900c63f45
Xiao, F. (2015). On the Anti-Contract and Overcoming of the Behavior of Buying Fake. Public Administration & Law, No. 1, 108.
Xiong, B. W. (2017). The Form and Function of Law: Analysis of “Knowingly Buy Fake Products” Cases. Peking University Law Journal, 29, 303.
Xu, J. Y. (2001). Study on Perfecting of Consumer Legislation. Zhejiang Academic Journal, No. 1, 152.
Yang, L. X. (2017). On the Scope of Liability of Punitive Damages for Goods Fraud. Jianghan Tribune, No. 1, 114-118.
Ying, F. H. (2019). Forbid or Restrict: Research on the Regulation of Knowing and Buying Fake. Law Review, 37, 73-78.
Zhang, J. (2017). The Construction of Vulnerableness and Balance Mechanism of Air Travelers. Academics in China, No. 2, 180.
Zhang, Y. Z. (2009). The Theoretical Self-Examination and System Restore for the Dominant Position of Consumers. Studies in Law and Business, 26, 96.
Zhao, Y. H. (2020). As an Ambitious Person, Wang Hai Earned Ten Million after 25 Years Counterfeits Fighting. https://finance.ifeng.com/c/82JRr4qYv80