The Research On The The Administrative Department Of Industry And Commerce To Deal With Professional Counterfeiting

With the implementation of the consumer protection law,folk counterfeits were born and have become professional groups today,it is distributed in all areas and regulated by the administrative supervision department.Occupational fraud behavior in administrative and judicial practice gradually highlights its negative influence,administrative supervision departments and judicial organs gradually tighten policy to regulate it,companies deal with occupational fraud behavior of crisis management had become the research hot topic,the research on its response and regulation has been gradually effective in various fields nowadays.However,after the implementation of the new advertising law,the report of professional fraud complaints broke the balance of the past.The administration of industry and commerce has a heavy task and is struggling to cope.Therefore,it is of great realistic and theoretical significance to propose new countermeasures under the new background.Based on new research purposes,on the basis of theoretical construction,this paper take the market regulation theory and the government governance theory as the theoretical basis,through the literature,qualitative and case analysis research methods,according to the latest document spirit of the general office of the supreme people's court,"reply to the 5990 recommendations of the fifth meeting of the 12 th National People's Congress",occupational fraud behavior is defined and divided and the object of this study is determined,then explains its development process.Through the work practice I summarized the new characteristics of occupational fraud behavior under the background of "advertisement law",including the false advertising as the object,the mobile Internet as anti-counterfeiting key,the mass media and medical institutions shall be new platform,social impact and stereotyped implementation of fraud and abuse of the rule of law,etc.After dealing with e thought concept,legal system,institutional system,way method,relevant procedure and so on five aspects of the administrative authority for industry and commerce to comprehensive analysis on the present situation and problems of occupational fraud behavior,at the same time it analyzes the problems existing in the process,such as the coping mode is not adapted to the actual demand,the law lags behind to bring about the dilemma,the response procedure is not standardized,the administrative reconsideration reply and the lawsuit defense have the flaw,the administrative guidance function is relatively weak.According it I put forward the Advice on how to respond effectively to professional fraud,such as the transformation of the mode of occupational fraud behavior response,improving the professional impact behavior law and the procedure,with the aid of the judicial power to cope with occupational fraud behavior,assisting the professional impact people changing careers,giving play to the role of multiple subject co-govermnet suggestions.So as to promote the advertising agents and publishers industry self-discipline and the general consumers to participate in supervision,to suggest to set up professional anti-counterfeiting disappear assist information database,to reduce the chance of professional fraud complaints from the source,At finally improving the effectiveness of regulation,and providing a possibility for illegal fraud behavior to legitimate.