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自“王海现象”之后,“知假买假”问题一直被人们所密切关注着。由于这种打假行为表面上看起来对民众乃至社会来说是极为有利的,大家便忘记了去追溯这种行为本身的合法性,以及王海以《消费者权益保护法》(下称消法)为阵地从法律上来说是否具有合法性。本文主要分三个部分来论述“知假买假”行为在法律上的适用合法问题:第一,从民法等法律的基本精神上来认识“知假买假”的性质;第二,从消费者的概念看“知假买假”;第三,从消法第55条的规定上来谈“知假买假”。
Since the “Wang Hai phenomenon ”, “fake and buy fake ” problem has been people are closely watching. Since such acts of counterfeiting appear to be extremely beneficial to the public as well as to society, everyone has forgotten to trace the legitimacy of such acts as such, and Wang Hai’s “Consumer Protection Law” ) Legally speaking for the position of legitimacy. This article is mainly divided into three parts to discuss the legal issues such as “fake and buy fake” legal application of law: First, from the basic spirit of civil law and other laws to understand , From the concept of consumers to see “fake and buy fake ”; third, from the provisions of Article 55 of Consumer Law “fake and buy fake ”.