Legal Dilemma And Countermeasure Of Occupation Counterfeiting

With the Supreme People’s Court’s reply on guiding and standardizing professional counterfeiting,it is suggested that in addition to the field of food and medicine,the profit-making behavior of counterfeiters should be gradually restricted,and the legitimacy of professional counterfeiting has once again aroused heated discussion from all walks of life.Whether professional counterfeiting is legal or not has become a hot issue in the field of consumption.It is of great significance to explore the legal regulation of professional counterfeiting.The paper is divided into five parts.The first part is an overview of occupation counterfeiting.This paper discusses the concept,nature,causes and characteristics of occupation counterfeiting.Occupation counterfeiting is not a legal concept.Occupation counterfeiting is a group that specializes in counterfeiting and takes counterfeiting as a profession.But occupation counterfeiters are only supplementary to government counterfeiting and civil rights protection.The second part is the debate on the legitimacy of anti-counterfeiting.At present,academic circles hold different opinions on occupation counterfeiting,but compared with the difficulty of consumer rights protection and the limitation of administrative law enforcement,occupation counterfeiting has its existence value,and occupation counterfeiting has the advantages of increasing the illegal cost of operators and standardizing market economic order.At the same time,the law should regulate malicious counterfeiting,which not only fails to protect the rights and interests of consumers,but also violates the principle of integrity and justice and disrupts the normal consumption environment.The third part is the legal investigation and predicament of anti-counterfeiting.By sorting out the legal documents and case judgments on occupation counterfeiting,it is not difficult to find that the attitudes of various departments tend to restrict occupation counterfeiting.The reason for the change of attitudes is that occupation counterfeiting mainly uses the punitive compensation system to obtain benefits,which does not purify the market environment,but causes the waste of judicial resources for law enforcement.At present,the main dilemmas faced by occupation counterfeiting are unclear legal positioning,different legal positions and specific legal provisions.The fourth part is about the necessity of legal regulation to crack down on professional fraud.From three aspects of theory,law andreality,this paper discusses the principle and harm of malicious anti-counterfeiting in professional anti-counterfeiting,and clarifies the necessity of law to regulate it.The fifth part is about the specific path of legal regulation of professional counterfeiting.In legislation,the government can set up a special incentive system to maintain the enthusiasm of those who can not apply the Law of Elimination to obtain compensation.In addition,we should clarify the legal liability of malicious counterfeiting and formulate specific punishment standards to regulate malicious counterfeiting.The administrative aspect strengthens the dominant position of the government in cracking down on fraud by improving the administrative supervision system and strengthening the administrative supervision measures,and perfects the supervision of professional fraud crackers.In the judicial aspect,by giving professional counterfeiters the qualification to prosecute in public interest litigation and improving the small claims procedure,we can smooth the channels of safeguarding rights and guide professional counterfeiters to crack down on counterfeiters correctly.As far as the current market environment is concerned,we should not divide the professional counterfeiting in a totally non-existent way.We should classify it into different types.Malicious counterfeiters who make illegal profits appear in the professional counterfeiting,which makes the function of counterfeiting partially alienated.It is necessary to clarify the legal status of professional counterfeiting through legislation,and to clarify the regulation of malicious counterfeiting,so as to make the professional counterfeiting continue to become consumption protection.A warrior who has legitimate rights and interests.