Calm Thinking On The Counterfeiting Of Professional

Occupation counterfeiting is a social practice management model, economic benefit balance, and the complex social phenomenon of legal cultural bias, the fake as a means to profit for the purpose, features caused extensive and far-reaching social legislation is discussed, and is connected with the legal provisions of punitive damages, which is connected with the judicial in product quality disputes.In order to study the timing and data obtaining practical operability, this paper used data from the Chongqing city court trial management system and the domestic media public information, the sample statistics from 2011 June to 2014 May, the Banan court accepted product quality dispute lawsuit 295 core samples, for which the occupation to crack down on people Zhou product quality dispute case 202.This paper adopts the static analysis and dynamic analysis, quantitative analysis and qualitative analysis, a combination of some of the cases, attempts through the empirical analysis of the data reflect and reveal the hidden rules behind the occupation strike action, in order to benefit the legislation of punitive damages, judicial processing ability to improve the product quality disputes, and finally promote legal management of product quality improvement.Besides preface and epilogue, this article text is divided into four parts, about 20000 words.The first part: according to the annual and closed type, quantity, and statistics and to chart display Banan court and Zhou’s occupation anti-counterfeiting litigation cases, case amount, and details of Zhou in the complaint: procedural content, producers, seller’s responsibility, cause of action, citing regulations and other aspects of the situation.The second part: analysis of the characteristics of Zhou’s prosecution of the case: similar problems, the same product focused action, long-term tracking of the product. At the same time, according to the large and small producers, sellers, analysis of attitude and responding to them. And the kinds of situation according to the classification of litigation, mediation, the withdrawal of the analysis judgment. Found that the withdrawal rate high and withdrawal trial period is too long; the vast majority of mediation conciliation agreement only without mediation of unconventional judicial reality, characteristics and the average income higher than the mediation decision. The analysis of the cases of withdrawal, discover the case withdrawal can be divided into: withdrawal, case that lose conflict after the withdrawal, tactical withdrawal and reach a settlement agreement after the withdrawal in four cases, combined with the purpose of occupation fake judge withdrawal in the case of reconciliation agreement after the withdrawal is the grey area. At the same time, lower courts to occupation fake practical attitude and perspective, showing differentiation characteristics.The third part: the court system to change occupation fake attitude, viewpoint in recent years. And combining the analysis of some cases, the occupation fake lawsuit has positive value will improve the product quality, fake occupation by procedure, administrative report benefits should be protected legally, occupation, fake action less indiscriminate lawsuit, at the same time buyers rights should be relaxed to relates to daily consumption of products etc. point of view.The fourth part: the comprehensive measures of occupation fake action in court proceedings, one is for mediation, to achieve the "facts", "to distinguish between right and wrong", cannot do not grant the mediation of the parties; two is to request the withdrawal of the suit, if the parties in violation of the law as to the treatment, can not Xu withdrawal; three is the occupation to crack down on people who are not present in court, the court shall continue to try the case. On the existence of litigation after the end of the defective products to sales situation, the court may establish information and administrative units to inform the system to solve. Through the comprehensive response to the above, can promote the occupation to crack down on people report to the administrative unit as soon as possible, early treatment of circulation in the defective products, and the result processing for litigation accords with the legal provisions and the social interests.