Research On The Market Supervision Role Of Professional Anti-Counterfeiting Behavior From The Perspective Of Collaborative Governance

The occupation was well known of PROFESSIONAL EXTORTIONER began in the 90 s of last century.Since Wong Hai,the first professional extortioner for anti-counterfeiting in China to have known,started to buy fake goods while he has know already,those kinds of people has been treated as ANTICOUNTERFEITING HERO by the hype of the mass media.After that,more and more people followed Wong Hai into the field of professional extortioner for anti-counterfeiting.The emergence and development of the phenomenon of professional anti-counterfeiting has a great impact on the society and the market.Some of the impacts are affirmative.They make full use of punitive damages prescribed by law of the professional anti-counterfeiting.And the unwholesome tendency of counterfeiting and shoddy prevailing in society were hit.They also make a contribution to eliminating the anarchy of market.They fill the gap and weakness of the government in market supervision and management.And more adoption of ordinary consumers to safeguard their legitimate rights and interests in legal permission and prescribed ways has been encouraged,too.On the opposite way,some other influences are negative.After all,the purpose of professional anti-counterfeiting is to make profits,rather than for real social effects or fairness and equity.The start point of the action driven by profit mean a real hit to the counterfeiting and shoddy will be hard to make.It just dancing around and pointing at the illegal commodity label that is easy to detect but less harmful,or illegal advertisements which can be found easily by keyword search,or some other problems from the details of laws and provisions that no one noticed.The action of professional anti-counterfeiting is often a concussion of large-scale complaints and accusation,repeatedly complaints against the same business or the same commodity,endless tag match of review and lawsuits,violence of the guidance of public opinion,and the abnormal change of the complainants.These behaviors will use up administrative and judicial resources of government largely,disturb the normal market order,and make it difficult to the business to maintain the status.It has come up to an important question that we need to focus at the present that how to identify the advantages and disadvantages of the government’s regulation and the maintenance of the market economic order in the collaborative governance.In order to carry forward the positive role of professional anti-counterfeiting behavior to the masses,to the market,to the society and to the government,meanwhile regulate bad behaviors of some professional extortioner for anti-counterfeiting,the government should adopt the way of collaborative governance to bring professional extortioner into the government’s constraints.In the form of collaborative governance,the government and professional extortioner carry out a limited equal collaborative,joint management of public affairs,so as to achieve a win-win situation of mutual benefit.This dissertation starts from the perspective of collaborative governance,state the deficiencies and constraints of our government departments in market supervision and management,account the process of the occurrence and development of phenomenon of professional anti-counterfeiting,analyse the trend and future of the development of professional anti-counterfeiting,with the research method of literature research,case analysis,comparative research and data analysis.Simultaneously,we affirm the necessity of collaborative governance model for the role of government regulation and the maintenance of market economic order,point out the direction of government administration to develop and innovate.We attempts to explore and construct a practicable and viable paradigm of collaborative governance between the government and the professional extortioner group and the various social subjects.Which is beneficial for the government to restrict and regulate the professional extortioner group,divide the power,provide convenience,share information resources and improve the reward mechanism.The government should also form a positive interaction with the professional extortioner group,cultivate the better part and bypass the disadvantages,achieve mutual profits at last.