What Are the Different Law Enforcement Careers?

"Professional extortioner for fraud fighting" refers to a kind of civil actor. Due to counterfeit and inferior, poisonous and harmful food, ordinary people cannot identify and protect their rights. Many people learn relevant legal knowledge by themselves and take the initiative through law Cracking down on counterfeit and shoddy products in the market will have a purifying effect on the market consumption environment.

Professional counterfeiters

Promulgated in 1994

The lively cases of "professional counterfeiters" have subtly contributed to

After the fake purchases, more than 50% of the "professional counterfeiters" will be settled privately with the merchants. The rest will go to the industrial and commercial report or file a lawsuit. In Beijing, there are more than 30 lawsuits each year, but there are many None of them sued under the name of "professional counterfeiter." Objectively speaking, only by losing money can the interests of the merchants be touched, prompting them to rectify the problem. Those enterprises that have repeatedly failed to teach are his targets.

"Professional

According to statistics from Chaoyang Court, since 2007, more than 70 cases in which consumers have been treated by the court for double compensation due to fraud have been accepted by the court. Since May and June of last year, the number of such cases has increased significantly.

With more cases handled, Judge Yu Lijiang of Chaoyang Court also saw some ways: "The lawsuits are mainly concentrated in several well-known shopping malls. Some are the same plaintiff; some are the same commodity; and some cases the plaintiff has become another. Attorney; or at the beginning of the court, you will see the plaintiffs in other cases also listening below ... "At the same time, the reporter also found the same in the cases of different courts

Evaluations of professional counterfeiters in the society have been mixed. More consumers see them as heroes, but some people think they are doing it for their own benefit. Professional counterfeiters are purely for making money. Businesses give money, and they shut up. The more fakes, the more money they make. They hope that the more fakes, the better. They will not tell the masses and do not want the masses to know where. How to identify and prevent fakes. How should professional counterfeiters be positioned? Sociologist

The Supreme Law promulgated the "Public Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Food and Drug Disputes", which clearly states that "knowing and buying fakes" can be protected by law; online shopping consumers can claim rights to online platforms and other issues. The "Regulations" also apply to the field of cosmetics and health products, and will be implemented from March 15, 2014.

Article 3 of the "Provisions" stipulates that: "Any dispute arises over the quality of food and medicine, the buyer claims rights from the producer and seller, and the producer and seller proceed on the grounds that the purchaser knows that the food and medicine have quality problems and still purchase. In the defense, the people's court will not support it. "

Sun Jungong said that this means that "knowing fakes and buying fakes" will not affect consumers' protection of their rights. He said that shoppers should generally be considered consumers and can claim punitive damages. Confirming that it has the qualifications of a consumer body has positive significance for cracking down on unscrupulous businesses and protecting consumer rights and interests, and is conducive to purifying the food and drug market environment.

In fact, before the "Provisions" were promulgated, China's laws did not have clear regulations on "knowing and buying fake".

According to Article 55 of China's current "Consumption Law", "If an operator commits fraudulent acts in the provision of goods or services, he shall, in accordance with the requirements of consumers, increase his compensation for the losses suffered, and increase the amount of compensation for the price of the goods or services received by the consumers. Three times the cost; if the amount of the increased compensation is less than 500 yuan, it is 500 yuan. If the law otherwise provides, the provisions shall be followed. " Since the implementation of the "Consumption Law", the phenomenon of claims for fake purchases, represented by Wang Hai, has prevailed throughout the country. This phenomenon is called the "Wang Hai phenomenon", and Wang Hai's approach has become a topic of debate in the legal circle.

"The courts have different opinions on whether to support punitive compensation for 'knowing the fake and buying fake' claims, both in the legal profession and in trial practice. Some courts support this, while others do not. The judicial interpretations issued this time support The claim of knowing and buying fakes is of great significance for unifying judicial standards, cracking down on unscrupulous merchants, protecting consumer rights, and purifying the food and drug market environment. "Said Yang Lixin, a professor at the School of Law, Renmin University of China.

"But for the so-called professional counterfeiters, and even some companies that have formed" knowing fakes and buying fakes ", the judicial interpretation has not clearly stipulated, and it is still a process of exploration." Zhang Yongjian, president of the first court of civil trial of the Supreme Court, said, Anti-counterfeiting itself is a 'double-edged sword'. On the one hand, it can restrict and suppress counterfeiting and inferior behavior, but it may also cause some moral hazard or market order problems. "

Classification of professional counterfeiters

There are two types of professional counterfeiters: "food" and "compensation". "Food" refers to the application for a refund but not return after receiving the goods. "Compensation" requires merchants to pay high prices for compensation through reports and prosecutions. ^[5]

Professional anti- counterfeiting process

Complaints to the supervisory authorities are an important part of the procedures for professional counterfeiters. In order to obtain illegal benefits, professional counterfeiters often make malicious complaints and threats to businesses on a large scale. Most of the law enforcement resources are used to handle professional claims reporting and subsequent information disclosure, administrative reconsideration and litigation, disciplinary inspection and supervision, etc., causing law enforcement resources to be improperly crowded out. ^[5]

Social evaluation of professional counterfeiters

With regard to professional anti-counterfeiting, some standards and procedures should be formed in the future so that professional anti-counterfeiters can truly become professional, and they should be given a certain normative guidance to make their anti-counterfeiting more professional and effective. ^[5]