知假买假者的消费者身份争议反思

Reflections on Disputes over the Consumer Identity of Individuals Who Purchase Goods with Full Knowledge of Their Defects

摘要: 自惩罚性赔偿设立以来，知假买假者是否属于消费者成为其能否适用惩罚性赔偿的首要争议话题。通过梳理惩罚性赔偿制度的来源、引入和功能，对学界关于知假买假者消费者身份的肯定说与否定说进行辨析，指出仅围绕生活消费目的认定消费者身份难以解决争议，需从制度运行机制开展深层反思。

Abstract: Since the establishment of the punitive damages system, whether individuals who purchase goods with full knowledge of their defects qualify as “consumers” has become the primary controversial issue regarding the application of punitive damages to them. By sorting out the origin, introduction and functions of the punitive damages system, this paper analyzes and differentiates between the “affirmative theory” and “negative theory” in academic circles concerning the consumer identity of such defect-aware purchasers. It points out that merely determining consumer identity based on “the purpose of daily consumption” is insufficient to resolve the dispute. Instead, in-depth reflection should be conducted from the perspective of the operational mechanism of the system.