知假买假惩罚性赔偿适用问题研究

Research on the Application of Punitive Damages for Purchasing Fake Goods

摘要: 自1993年《消费者权益保护法》引入惩罚性赔偿制度以来，知假买假现象逐渐凸显，尤其以王海事件为标志，至今已持续二十余年。期间公权力机关对此现象的态度几经反复，反映出法律规定的模糊与司法实践的不统一。2016年《消费者权益保护法实施条例》虽尝试将“以营利为目的”排除在“生活消费”之外，并对知假买假行为在食药领域进行限制，但由于规定不够明确，司法实践中仍常出现“同案不同判”的情况。针对这一现状，应首先从知假买假适用惩罚性赔偿的基本概念出发，明确其法律内涵与适用条件。同时，需加强法律解释工作，统一司法尺度，减少实践中的争议。还应强化市场监管，提升消费者维权意识，从根本上遏制知假买假行为的发生。完善知假买假的法律规制，需从立法、司法、监管等多方面综合施策，确保消费者权益得到有效保护，维护市场秩序的公平与正义。

Abstract: Since the introduction of the punitive damages system in the Consumer Protection Law in 1993, the phenomenon of buying fake goods has gradually become prominent, especially marked by the Wang Hai incident, which has lasted for more than 20 years. During this period, the attitude of public authorities towards this phenomenon has undergone several iterations, reflecting the ambiguity of legal provisions and the inconsistency of judicial practice. Although the Implementation Regulations of the Consumer Protection Law of 2016 attempted to exclude “profit-making” from “living consumption” and restrict the behavior of buying fake goods in the field of food and medicine, due to insufficient clarity in the regulations, there are still cases of “different judgments for the same case” in judicial practice. In response to this situation, we should first start from the basic concept of applying punitive damages for buying fake goods, clarifying its legal connotation and applicable conditions. At the same time, we need to strengthen legal interpretation, unify judicial standards, and reduce disputes in practice. We should also strengthen market supervision and enhance consumers’ awareness of rights protection to fundamentally curb the occurrence of buying fake goods. Improving the legal regulation of buying fake goods requires comprehensive measures from multiple aspects such as legislation, judicature, and supervision to ensure that consumers’ rights and interests are effectively protected and maintain fairness and justice in market order.