Research On Behaviour Of The Criminal Of Manufacturing And Selling Counterfeit Commodity

In recent years, the market economy is emerging in an endless production and sale of all kinds of inferior products, which not only destroys good social credit system,but also is the challenge of the socialist rule of law,as well as is harmful to people’s basic necessities.The wide crime of production and sale of all kinds of inferior products with various means,leading to severe results have greatly affected normal production, sale, and troubled people’s living and consumption, so that hinder the healthy development of the national economy.Chinese Criminal Law in Article 140 definitely prescribes that criminal of manufacturing and selling counterfeit commodity consists of four kinds of objective behavior and "The Supreme People’s court and the Supreme People’s Procuratorate on the production and sale of counterfeit commodity in criminal cases the specific application of the law interpretation of several issues" has illustrated this kind of behavior, but practically, the above explanation is not enough for dealing with a variety of production and sales of counterfeit commodity.In this paper, the author will further analyze the behavior with four ways according to the relevant laws and regulations, judicial interpretation, scholars’ view and the relevant cases:The first part of this article analyzes the identification of adulteration.The article thinks that "adulterated" must meet the behavior and degree element. The behavior element reflects the quantitative and the degree element reflects the qualitative. Then the first part is divided into two sections to discuss the behavior elements and the degree elements. In the first section, the characteristics of "miscellaneous" and "false" are sorted out. In the second section, the author introduces the case of Yuhuan County, Zhejiang province 2015, which is the author’s point of view.The second part of the article analyzes the cognizance of using fake commodities to pretend true commodities.Firstly, this article points out that the cognizance of using fake commodities to pretend true commodities is the key to identify the meaning and scope of "false".The meaning of "false" should be same with last part and the scope should be opposite between "false" and "really" to find out their boundaries that is national standards of product quality including the geographical mark product standards. Secondly, we pay attention to the problem of competing with the crime of using fake commodities to pretend true commodities and illegal registered trademark and the crime of selling counterfeit trademark goods. According to the number of harmful behavior to judge, the number of crimes are be analyzed and identified. The article believes that when there are only one acts, the imaginative joinder is set up, and when there are many acts, implicated offender in criminal theory is set up.After the introduction and a brief assessment for the shoddy, the third part of the article will analyzes the type of shoddy behavior,which analyzes many kinds shoddy, for example the low-grade product pretend the high-grade products and using spare parts to assemble pretends authentic or new products.In addition, it also introduces the case of 2014 in Guangyuan City, Sichuan ProvinceThe fourth part of the article analyzes the identification of substandard products posing as qualified products. According to the principle of legality,Article firstly identified case of substandard products must be "People’s Republic of China Product Quality Law" Article 26, paragraph 2. Then it analyzes the substandard products under this Act that shall be split into unreasonable danger standard, no meet the mandatory standards, the use of performance standards and security performance standards. Then, according to the identification of substandard products from “The Shanghai Municipal Higher People’s court, Shanghai Municipal People’s Procuratorate, the Shanghai Municipal Public Security Bureau, Shanghai Municipal Bureau of justice linked on the handling of criminal cases of production and sale of fake and shoddy products how to identify " in 2006, the determination of substandard products posing as qualified products must be identified and there is a subjective posing behavior.We discussed in this paper, hoping to play a valuable feedback effect for making guidelines for the objective behavior of production and sale of fake products practically.