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学界一直以来对知假买假者在道德风险、消费者利益的损害、贪利、“黑吃黑”以及权利滥用等问题上争论颇多。笔者认为:知假买假行为不会诱发道德风险;假借知假买假实施敲诈勒索等犯罪行为,不能归究于知假买假行为本身;知假买假者的打假活动可以弥补我国公权机构在打假力量方面的不足;将知假买假行为纳入到《消费者权益保护法》予以保护和规范,可以促进市场诚信机制的建立。保护知假买假者权益是法治社会尊重人权的具体体现。其存在具有合理性。
The academic community has always been controversial on the issue of moral hazard, consumer interests, greed and greed, “black eat black” and abuse of rights. The author believes that: knowledgeable fake buying behavior will not induce moral hazard; borrowing false fake buying fake extortion and other criminal activities, can not be attributed to the fake buying behavior itself; know fake buying fake activities can make up for public authority Institutions in the fight against the lack of fake power; the fake and buy behavior into the “Consumer Protection Law” to protect and regulate, can promote the establishment of market integrity mechanism. Protecting the rights and interests of buyers and sellers is a concrete manifestation of the respect for human rights in the society ruled by law. Its existence is reasonable.