Research on the Legitimacy Boundary of Buying False Products on Purpose

DOI

10.2991/iccese-19.2019.461How to use a DOI?

Keywords

buying false products on purpose; consumers; social welfare; legitimacy boundary

Abstract

The promulgation of the Supreme People’s Court’s Provisions on Several Questions Concerning the Application of Law in Trial of Food and Drug Disputes clearly affirms the right of those who buy false products on purpose to claim damages, which provides a certain legal basis for the behavior of buying false products on purpose at the level of legal norms. In the context of the current law and under the mode of shared economy, this paper presumes that those who buy false products on purpose still have the legitimacy of advocating punitive damages right under the knowledge circumstances through expanding its concept through the negative interpretation of the definition of consumers, so as to seek the legitimacy boundary of the behavior of buying false products on purpose that is in line with the tilt philosophy of consumer rights in the system design of the Law on Protection of the Rights and Interests of Consumer, which makes consumers’ legitimate rights and interests be protected to the greatest extent.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Jie Qiu
PY  - 2019/04
DA  - 2019/04
TI  - Research on the Legitimacy Boundary of Buying False Products on Purpose
BT  - Proceedings of the 3rd International Conference on Culture, Education and Economic Development of Modern Society (ICCESE 2019)
PB  - Atlantis Press
SP  - 2150
EP  - 2153
SN  - 2352-5398
UR  - https://doi.org/10.2991/iccese-19.2019.461
DO  - 10.2991/iccese-19.2019.461
ID  - Qiu2019/04
ER  -