“知假买假”合法性探究——立足《消费者权益保护法》第五十五条
发布时间：2019-02-11 11:21
【摘要】：近年来,随着消费者的地位在立法上一步步提升,"知假买假"的行为将消费者的地位推向高潮,然而究竟是否应该鼓励"知假买假"行为,如果承认又应该如何加以规制是本文讨论的重点。本文提出并支持知假买假行为,并基于《消费者权益保护法》第55条对这一问题进行分析,明确消费者概念,对知假买假的主体进行分类,并基于此列出知假买假的成立要件,最后通过分析提出对知假买假行为的规制措施,进一步平衡消费者与经营者的关系,保护消费者的合法权益,维护社会经济秩序,促进社会主义市场经济健康发展。
[Abstract]:In recent years, as the status of consumers has been raised step by step in legislation, the behavior of "knowing fake and buying fake" has pushed consumers' status to a climax. However, should we encourage the practice of "knowing fake and buying fake"? If the recognition and how to regulate it is the focus of this paper. This paper puts forward and supports the behavior of knowing and buying fake, and analyzes this problem based on Article 55 of the Law on Protection of Consumer Rights and interests, clarifies the concept of consumers, classifies the subject of knowing and buying fake, and lists the requirements for the establishment of known fake buying and forgery based on this. Finally, through the analysis, the author puts forward the measures to regulate the behavior of knowing and buying fake, to further balance the relationship between consumers and operators, to protect the legitimate rights and interests of consumers, to maintain the social economic order, and to promote the healthy development of socialist market economy.
【作者单位】： 河北大学政法学院;
【分类号】：D923.8
，
本文编号：2419684
[Abstract]:In recent years, as the status of consumers has been raised step by step in legislation, the behavior of "knowing fake and buying fake" has pushed consumers' status to a climax. However, should we encourage the practice of "knowing fake and buying fake"? If the recognition and how to regulate it is the focus of this paper. This paper puts forward and supports the behavior of knowing and buying fake, and analyzes this problem based on Article 55 of the Law on Protection of Consumer Rights and interests, clarifies the concept of consumers, classifies the subject of knowing and buying fake, and lists the requirements for the establishment of known fake buying and forgery based on this. Finally, through the analysis, the author puts forward the measures to regulate the behavior of knowing and buying fake, to further balance the relationship between consumers and operators, to protect the legitimate rights and interests of consumers, to maintain the social economic order, and to promote the healthy development of socialist market economy.
【作者单位】： 河北大学政法学院;
【分类号】：D923.8
，
本文编号：2419684
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