The Analysis Of Rationality About The Application On Punitive Damages By Professional Anti-conterfeiting People

This paper will proceed from the judicial precedent and analyze the judgments of the professional counterfeiters in recent years on the request for punitive damages,obtain the data favorable to the research,analyze the existing problems,and find out the professional counterfeiters in practice.The point of controversy over whether punitive damages can be obtained.According to the different foundations generated by professional counterfeiters,the author will classify professional counterfeiters according to the types of counterfeiting objects and the nature of counterfeiting objects into different types,and analyze the rationality of each type of professional counterfeiters included in the scope of the consumer subject.Professional counterfeiters should be included in the scope of the“consumer”subject,and the subjective purpose of professional counterfeiters and operators should not affect the establishment of consumer behavior.For punitive damages,as long as the operator implements the "fraudulent" objective behavior,it can be considered fraud,and the consumer does not need to be subjectively "falsely recognized." At the same time,whether or not actual damage occurs does not affect consumers' claims.For the professional counterfeiters to apply punitive damages,it is necessary to comprehensively consider the social background and legal purposes,and measure the interests.The professional counterfeiters cannot be obliterated from the scope of legal protection.Instead,they must be properly guided and judged from the legal norms.The applicability of the punitive damages system to maintain the majesty and stability of the law.