消费者“知假买假”行为与权益保护研究

摘要

随着市场经济在我国的不断完善，不同市场主体的利益大多能够得到相关法律法规的维护，然而，不同利益主体的矛盾会不可避免的发生。近几年，“知假买假”的案件时有发生，引起了学术界和司法界的广泛关注。由于我国消费者权益保护法在消费者自我保护领域的规定尚未明确，以至于不同地区对“知假买假”案件的审判结果大相径庭，这一现象的发生严重威胁到了法律在我国人民群众心中的权威性和震慑力。其中涉及到的问题有：知假买假者是否可定义为消费者；知假买假者是否应当得到双倍赔偿；知假买假的行为是否合法等。

本文首先对知假买假进行概述，并指出我国目前对于知假买假行为的态度。其次对知假买假的案例进行分析。最后基于上述问题的分析，提出消费者权益保护制度的完善措施。

关键词：消费者；知假买假；权益保护；完善措施

目录

摘要·······························································I

引言·······························································1

一、知假买假行为概述············································2

（一）知假买假行为的概念与特征······································2

1.知假买假行为的概念············································2

2.知假买假行为的特征············································2

（二） 知假买假行为产生的条件······································2

（三） 知假买假行为发展现状分析····································3

1.公开的知假买假行为出现萎缩····································3

2.打假公司逐渐涌现··············································3

3.知假买假行为隐身性存在········································4

二、我国对知假买假行为的态度··································5

（一）立法层面······················································5

（二）司法层面······················································5

三、案例分析······················································6

（一）案情回顾······················································6

（二）对孙某身份的界定··············································6

（三）对本案经营者行为的界定········································6

1.经营者的行为是否构成欺诈······································6

2.孙某“知假买假”行为是否排斥超市的欺诈··························7

四、消费者权益保护机制的完善途径·······························8

（一）明确立法宗旨，避免法律争议·····································8

（二）加大违法成本，减少维权成本·····································8

参考文献··························································9

致谢······························································10