Research On The Criminal Cognizance Of The Claim Behavior Of "Knowing False To Buy False"

Since the success of wang hai's anti-counterfeiting case in 1996,the phenomenon of purchasing unqualified products and claiming punitive damages to the operators has been increasing gradually.Cases of suspected infringement and property crime by the fake buyers represented by professional anti-counterfeiting are common.However,in judicial practice,it is still a big dispute whether the claim behavior of "knowing false buying false" is legitimate or extortion.In this regard,many scholars in the academic circle begin to study the criminal identification problem based on the typical cases of knowledge and false purchase.However,based on individual cases,there is usually a lack of comprehensive and systematic analysis and summary of the claim behavior of "knowledge and false purchase" from concept,classification,scope to behavior nature identification.Therefore,based on the criminal law under the guidance of holistic thinking,combined with civil and commercial law,economic law and other department involved in the fake fake,rights of laws and regulations,the concept of "know the fake fake" claims act,kinds of comb,"know the fake fake" claims act and represented by racketeering sin property crime boundary problem of concrete is divided into the following several parts:The first part is a brief overview of the claim behavior of "knowing fake and buying fake",which can be further divided into an overview of the connotation of theclaim behavior of "knowing fake and buying fake" and an overview of the current judicial application of the behavior."Know false buy false" the behavior that claim for compensation means to know that the commodity is fake fake class to wait for unqualified circumstance to buy after the commodity exists,the behavior that claims for compensation to the operator with this false and inferior circumstance again.At present,there is a big dispute in the field of civil and commercial law and the field of judicial practice about whether fake buyers have the right to claim.The second part is the criminal cognizance of subjective claim purpose in "knowing false and buying false".Because the behavior of "knowing false and buying false" is the most likely to be suspected of racketeering crime in the criminal field,the criminal determination of the purpose of claim is actually to distinguish between the legitimate purpose of claim and the purpose of illegal possession in the crime of racketeering.Will "is based on legitimate claim for + of + is significantly more than competence whether claims attitude has consultative" the purpose of illegal possession of standards used to judge the claims of "know the fake fake" purposes,should think that know the fake fake claim is based on legitimate claim for the attitude clearly beyond the scope of authority and claim without a consultative,was outside of the purpose of illegal possession.The third part is the criminal determination of the objective claim means in the crime of "knowing fake and buying fake".Will have a fear "is enough to make the other side,+ content is + legal threat that content is just as" the threat of blackmail means standards used to judge the claims of "know the fake fake" means,should think to expose the real correlation information,such as to Sue to the court to threaten the operator does not constitute the criminal law in the sense of threat threatening behavior.The fourth part is the comprehensive judgment and prospect of the crime and non-crime of "knowing and buying false" claim behavior.Obviously,this part can be further divided into the judgment scheme of "knowing and buying false" claim behavior crime and non-crime under the current laws and regulations and the prediction of the impact of the change of relevant laws and regulations on the criminaljudgment in the future.Under the current regulations in the first place comprehensive subjective claim purpose and objective method for all kinds of "know the fake fake" claim whether the behavior constitutes crime of extortion comprehensive judgement,and the behavior may be suspected of other crimes such as robbery,fraud,intentionally damaging property crime and stir-up-trouble crime,damage analysis commercial reputation,commodities reputation of sin,and so on and so forth.Secondly,in terms of outlook changes in future criminal judgement,because on August 5,2016 published "consumer rights and interests protection law implementing regulations(draft)" to "know the fake fake" of exclusion is outside the scope of the consumer,so if the formal introduction,know the fake fake people claim the right to basic may change,which will affect the criminal cognizance of claim action,on the part will analyze the possible changes and forecasting.