Research On The Problems And Countermeasures Of "Professional Anti Counterfeiting" Cases In Judicial Practice

In order to further protect the people’s rights and interests of life and property,China has promulgated the law on the protection of consumers’ rights and interests,the food safety law and other laws to provide for the punitive compensation system.While consumers’ rights and interests are better protected,a large number of "professional anti-counterfeiting" cases have also emerged.When trying such cases,the court failed to maintain the unity in the application of law and the standard of judgment,which resulted in two different results of negative and positive judgment,which not only affected the guidance and expectability of consumer rights protection according to law,but also damaged the judicial authority and credibility.This paper uses case study,comparative study,empirical analysis and other research methods,through the analysis of 239 cases of "professional anti-counterfeiting" cases in China’s courts,comparative study Based on the relevant data of the trial of "professional anti-counterfeiting" cases,this paper summarizes and analyzes the "professional anti-counterfeiting" cases by integrating the relevant laws and judicial interpretations such as the "law on the protection of consumers’ rights and interests","food safety law","product quality law","provisions of the Supreme People’s Court on Several Issues concerning the application of laws in the trial of food and drug disputes" and different opinions from all walks of life on the phenomenon of "professional anti-counterfeiting" In the trial practice,there are some problems,such as the unclear definition of the legal status of the professional anti-counterfeiter,the different standards of the case judgment,the improper choice of the value of the case judgment,and the confusion of the application of the law in the case judgment,etc In order to standardize the behavior of "professional anti-counterfeiting" and maintain the orderly development of the market economy,we should establish the system of professional anti-counterfeiting,unify the judgment standard in the form of issuing guiding cases,balance the judgment value selection,and coordinate the resources of all parties to participate in the litigation source governance..