| The phenomenon of "professional anti-counterfeiting" is a controversial topic in social public opinion,judicial practice or academic theory.The research on the content of the phenomenon of "professional anti-counterfeiting",such as the legal status of "professional anti-counterfeiting",Whether or not counterfeit persons can apply the punitive compensation system and the research on punitive compensation systems is the focus of scholars’ research,but few scholars discuss the phenomenon of "professional counterfeiting" itself.The impact of the existence of "professional anti-counterfeiting" groups on the market,regulatory agencies and judicial authorities can no longer be ignored by virtue of the positive role of anti-counterfeiting,especially in May 2017,the Supreme People’s Court’s response to the National People’s Congress No.5590 stated that it would pass judicial interpretation and The method of guiding cases gradually restricts the situation of profit-making anti-counterfeiting,and once again pushes the phenomenon of "professional anti-counterfeiting" to the public and public opinion.This is the first time that the Supreme Court has judged the phenomenon of "professional anti-counterfeiting" on multiple levels and criticized The impropriety and adverse effects of "professional anti-counterfeiting" behavior,but until now the Supreme Court has not made any specific actions.The "professional anti-counterfeiting" behavior has not been suppressed by the response of the Supreme Court,but is in Continue to develop and grow.Regarding the seriousness of the current situation of "professional anti-counterfeiting",it is necessary to conduct a deep analysis of the phenomenon of "professional anti-counterfeiting" to analyze what kind of attitude China should take in response to "professional anti-counterfeiting".The author of this article mainly uses case analysis,normative analysis and literature analysis to define the concept and characteristics of "professional anti-counterfeiting",and discusses the regulation of "professional anti-counterfeiting" based on the analysis of the dual nature of "professional anti-counterfeiting".The necessity of justice,then from the perspective of judicial practice,starting from judicial cases,analyzing and summarizing the practical dilemmas brought by "professional anti-counterfeiting" behavior to judicial practice,and analyzing the causes of these dilemmas,The emergence of judicial disputes,and then through analysis of the current situation of China’s current regulatory measures against "professional anti-counterfeiting" behaviors,and finally put forward corresponding suggestions in order to play a positive role in counterfeiting,to the current severe "professional anti-counterfeiting" phenomenon.Normative role.This article is divided into four parts in addition to the introduction and conclusion.The first part summarizes the phenomenon of "professional anti-counterfeiting",including the legal definition of "professional anti-counterfeiting",analyzes the characteristics of "professional anti-counterfeiting" behaviors,and discusses "professional anti-counterfeiting".The two sides of the phenomenon,this chapter is mainly to summarize the research objects of this article,to facilitate the development of the following.The second chapter first analyzes the current status of social development of the phenomenon of "professional anti-counterfeiting",and then from the perspective of judicial practice,analyzes the cases of "professional anti-counterfeiting" and concludes that the behavior of "professional anti-counterfeiting" has brought to judicial work.The actual problems and analysis of the causes leading to the actual disputes,this is a substantial analysis of the problems caused by "professional anti-counterfeiting" behavior.The third chapter is from the perspective of the legal system,a comprehensive review of China’s laws on the regulation of "professional anti-counterfeiting" behaviors,and then analyzes the deficiencies of China’s laws and regulations in regulating "professional anti-counterfeiting" behaviors.The fourth chapter is mainly to make suggestions from the legal system perspective on the problems caused by "professional anti-counterfeiting" behaviors.The author advocates that the attitude towards "professional anti-counterfeiting" people should not adopt a "one-size-fits-all" approach.The existing legal system should be adopted.Legislative amendments have been made to the issue,in order to recognize that “professional counterfeiters” can counterfeit as consumers but have strict restrictions on their claims for punitive compensation.This is the attitude of regulating the phenomenon of “ professional counterfeiters ”.Non-absolute prohibition or laissez-faire development,after the corresponding legislative improvement,the judicial and administrative supervision agencies should also make corresponding regulatory measures to achieve effective regulation of professional anti-counterfeiting behaviors. |
