Research On Occupational Anti-counterfeiting Governance Based On System Adaptation Theory

The first punitive compensation system of "refunding one to compensate one" was introduced since the Consumer Protection Law was passed on October 31,1993,giving rise to the first batch of professional anti-counterfeiters,represented by Wang Hai.Since then,professional anti-counterfeiters have become more and more active as the Consumer Protection Law,the Food Safety Law and the Advertising Law have been revised and introduced one after another.While purifying the market environment,professional counterfeiters have also brought about many problems,such as the waste of administrative and judicial resources caused by repeated reporting and splitting of lawsuits,and the destruction of business environment caused by malicious complaints and reports,which have led to huge social controversies.By exploring the the behavioral motivation of professional counterfeiting,this study aims to explore the loopholes of social governance,especially government governance,in order to propose relevant countermeasures to regulate the legitimate rights of professional counterfeiters,in the hope of benefiting the governance of the problem of professional anti-counterfeiting.This paper takes the theory of institutional fit as the analytical framework.First,focusing on the concept of professional anti-counterfeiting,this paper first analyzes the changing attitude and policy changes of the government toward professional anti-counterfeiting by understanding the development history and important events of professional anti-counterfeiting.Then,by analyzing the behavioral characteristics and profit patterns of professional anti-counterfeiters with the typical cases in Q County,the author explores the logic of the generation of professional anti-counterfeiting and argues that the benefit inducement of punitive compensation system is the root cause of the generation of professional anti-counterfeiting.External factors such as market misconduct,policy support and Internet penetration strengthen the motivation of professional anti-counterfeiters to "buy counterfeit and claim".On this basis,this paper analyzes the Governance Dilemma of professional anti-counterfeiting from two aspects: the deterioration of the implementation environment of the system and the defects of the system text.Finally,this paper puts forward the governance ways of professional anti-counterfeiting.This paper believes that we should regulate the professional anti-counterfeiting behavior by formulating a fair and reasonable system text and improving the implementation environment of the system,so as to prevent the abuse of the rule and increase the difficulty of obtaining profits.Which as a result,reduces the negative impact and stimulates the positive impact of the regulation.