电商领域中“知假买假”纠纷的司法应对

Judicial Response to Disputes over “Buying Fake Products on Purpose” in the E-Commerce Sector

摘要: 在当前电子商务迅速发展的市场背景下，“知假买假”行为及其引发的纠纷成为司法实践中亟待解决的复杂问题。面对此类行为，现行法律体系对于消费者权益保护与惩罚性赔偿请求权的适用存在争议，尤其是在食品安全领域，如何平衡消费者保护与市场秩序维护成为一个值得探讨的话题。为有效解决电商领域中“知假买假”纠纷带来的司法挑战，应从《消费者权益保护法》《食品安全法》等相关法律法规切入，分析“知假买假”行为的法律属性及其在电商领域的特殊表现，重点关注惩罚性赔偿制度的适用条件与界限。同时，考虑到“知假买假”行为同时具有损害消费者权益和促进市场自我净化构建的双层效应，司法考量中不宜采用一刀切的做法，而应构建一套既能鼓励合法维权又能遏制滥用诉权的机制。

Abstract: With the rapid development of e-commerce market, the behavior of “knowingly fake buying fake” and the disputes caused by it become a complex problem to be solved in judicial practice. In the face of such acts, the application of the protection of consumers’ rights and interests and the right to claim for punitive damages in the current legal system remains controversial, especially in the field of food safety. Thus, how to balance the protection of consumers and the maintenance of market order has become a topic worthy of discussion. In order to effectively solve the judicial challenges brought by disputes of “buying fake products on purpose” in the e-commerce field, we should analyze the legal attributes of “buying fake products on purpose” and the special performance in the e-commerce field from relevant laws and regulations of the Law on the Protection of Consumer Rights and Interests and the Food Safety Law, and focus on the application conditions and boundary of the punitive compensation system. Meanwhile, given that the act of “buying fake products with knowledge of fake products” has the dual effects of damaging consumer rights and interests and promoting the self-purification construction of the market, it is inadvisable to adopt a rigid approach in judicial studies, and a mechanism shall be built to encourage lawful protection of rights and curb abuse of the litigation right.