【摘要】 对于知假买假可否请求惩罚性赔偿,争议焦点集中于知假买假者是不是消费者以及惩罚性赔偿适用是否以消费者被诱使而作出错误意思表示为要件,争议原因在于对《消费者权益保护法》法律属性、惩罚性赔偿的主要功能、私力执法的正当性以及知假买假的社会效果的不同认知。基于相关法律制度的功能实现需求以及知假买假行为的积极效果,知假买假应当有限制地适用惩罚性赔偿制度。从《消费者权益保护法》的倾向弱者的法律功能分析,组织或公司的知假买假者不应被视为消费者,而以个人为单位的知假买假者应受到《消费者权益保护法》的保护。食品药品事关消费者生命健康,惩罚性赔偿的适用不应要求消费者的主观状态,可以适用于知假买假者;为实现惩罚性赔偿制度的威慑与制裁功能,消费者"明知"的主观状态不应成为不支持其索赔的理由。但为削弱知假买假的消极影响,应当建立健全举报奖励制度,适当限制惩罚性赔偿的适用范围,完善相应的救济程序,加大对知假买假者违法行为的惩处力度,引导并规制知假买假者依法参与社会共治。更多还原

【Abstract】 Regarding whether punitive damages can be requested for buying fakes for known fakes, the focus of the dispute is on whether the person who bought fake for known fake is a consumer and whether the application of punitive damages is based on the fact that consumers are induced to make a wrong expression.The reason for the dispute is the different perceptions on the legal attributes of the Consumer Rights Protection Law, the main function of punitive damages, the legitimacy of private law enforcement and the social effects of buying fakes for known fakes.Based on the needs of the relevant legal systems to realize the functions and the positive effects of buying fakes for known fakes, the punitive compensation system should be applied with restrictions on buying fakes for known fakes.From the analysis of the legal function of the "Consumer Law" that tends to be weak, organizations or companies who buy fakes for known fakes should not be regarded as consumers, and those individuals who buy fakes for known fakes should be protected by the "Consumer Law".Food and drugs are related to consumers’ lives and health, so the application of punitive damages should not require consumers’ subjective status, and can be applied to those who buy fakes for known fakes; in order to realize the deterrence and sanctions of the punitive damages system, consumers’ subjective status of "knowing" should not be a reason for not supporting his claim.However, in order to weaken the negative impact of buying fakes for known fakes, it is necessary to establish a sound reward system for reporting, appropriately limit the scope of application of punitive damages, improve the corresponding relief procedures, increase the punishment for the illegal behaviors of those who buy fakes for known fakes, guide and regulate those who buy fakes for known fakes to participate in social co-governance according to law.更多还原