职业打假的规范路径和制度化探析
Exploring the Path of Professional Counterfeiting Regulation and Institutionalization

《食品安全法》与《消费者权益保护法》中对消费者权益保护的规定不统一，现有法律体系中对知假买假者定义以及规范制度的模糊性，导致各地法院出现同案不同判的现象。在市场经济飞速发展的今天，假冒伪劣产品和不良商贩不断涌现，要保护市场经济秩序，需要结合民间打假者的力量。对此，应当通过立法或者司法解释，赋予职业打假者获得惩罚性赔偿的权利，同时也要完善公共监督制度，防止恶性打假。
The lack of uniformity in the protection of consumer rights and interests in the Food Safety Law and the Protection of Consumer Rights and Interests Law, the vagueness of the existing legal sys-tem in defining those who know about counterfeits and in regulating the system, have led to dif-ferent judgments in courts around the world in the same case. In today’s rapidly developing market economy, counterfeit and shoddy products and unscrupulous traders are constantly emerging, and the protection of the market economy needs to be combined with the power of private counterfeiters. In this regard, legislation or judicial interpretation should be adopted to give professional counterfeiters the right to obtain punitive damages, while the public supervision system should also be improved to prevent vicious counterfeiting.