Researches On The Legal Issues Of The "SHANZHAI" Phenomenon

At the end of 2008,"SHANZHAI" is interpreted by the mainstream media and non-mainstream media nearly overflowed.No matter how people understand the meaning of "SHANZHAI" or what's their attitude towards it,"SHANZHAI",a word full of grass-roots sentiment,is not a phenomenon but some kind of social culture yet.Facing the overwhelming of "SHANZHAI" wave,the activists think that this is the grassroots' fearless challenge to the mainstream hegemony just as Don Quixote did.But those who hate this kind of social culture apply that this is collective pathomorphism,presenting China's lack of creativity and a serious lack of awareness of intellectual property rights.Although there are different opinions,behind those voices of hubbub,I find the reasons why there is no constructive way to solve this problem:the lack of a clear comb of what is "SHANZHAI",the lack of a rational reflection about how "SHANZHAI" is coming into being and even be so popular and the lack of a systematic thinking about the legal issues "SHANZHAI" involves.This blanket of system construction seems to prove that the crisis of creativity under the popularize of "SHANZHAI" exists in the system level much more than in the technical level.Thus,as a legal person,I deeply feel the responsibility and mission of taking morality and justice and writing articles. Even though "SHANZHAI",which is an unlikely event but just exists naturally,is always as puzzling as the nature of history.Legal evaluation should be a prerequisite for the concept of relative accuracy,as well as an extension of the specific things,and "SHANZHAI" was not a precise legal concept.The continuous development of content,the pattern continued renovation,have largely made it difficult to grasp.And even a sense "SHANZHAI" was the word itself,"SHANZHAI" of the. However,the "SHANZHAI" phenomenon itself actually has depth to the material production, life and other aspects of our day-to-day as well as public consumption,such as security, economic organizations,commercial disputes between countries,such as technical barriers to a series of problems.And I have no doubt that the law in calling,especially in the globalized market economy in a difficult road to explore the rule of law in China.Thus,in the first part of this article,the author of "SHANZHAI" for the interpretation of the word.By the general public in the general cognitive confusion of the "SHANZHAI" in the division of tangible and intangible,in that under two major categories,on commercial and non-commercial breakdown of the two models.In the visible "SHANZHAI" and business-related parts,to distinguish between a fake or not;visible in the corresponding part of the non-commercial,I combed through,come to this part of the national level for the acts and such acts and invisible "SHANZHAI" in the commercial portion to join the legal issues in relation to the underlying essence of economic democracy and political ethics.In the remaining part of the invisible, non-commercial,such as the free software movement,represented fierce fight,more is involved in the mainstream culture,the right of the mainstream discourse,the rules of mainstream technology and the challenges of the legal arguments behind those at the grassroots fight for the rights of expression.Adopted for the various "SHANZHAI" in the classification of comb and sort out the representation of each classification of phenomena and events,public awareness can basically be of "SHANZHAI" clear meaning of the concept of the core."SHANZHAI" is definitely not the core of fake and shoddy,nor is it simply the sense of a low level of copying and imitation,but innovation.In clarifying the "SHANZHAI" concept of the core after the second part of this article, according to the classification of the above,combined with the current situation in our country as well as the representation of events,the various parts of the legal issues involvedFirst of all,the visible "SHANZHAI" business part of the phenomenon of which this part of counterfeit and inferior,in fact,relatively speaking this is the most controversial legal and moral one.This is a "SHANZHAI" phenomenon among the well-known to most people,but also criticized most.Cottage industries for the relevant national taxes such as the loss of low-quality product,infringement of intellectual property rights and other accusations,most of it caused by some commercial products.But,in fact,it is in the public awareness of the most unusual "SHANZHAI" phenomenon,in essence,is to "SHANZHAI" of the concept of the cottage.This cottage in the name of the actual behavior of money should be no legal evaluation,of the part of the civil or criminal we are now facing sanctions should not,but how to improve the legal system,with a view to more good fight and prevent these acts from happening.Secondly,corresponding to the non-fake and shoddy business visible part of the walk in the legal gray area,is the true sense of the cottage,which has business interests there, people and technology benefits of the win-win progress.The firms in this sense because of the lack of evaluation of the law,and China on a number of the same period of market behavior, since policies are an embarrassment,law and criminal law there is no clear evaluation criteria and long-lasting.Once again,for the rest of the visible part of the non-commercial plates,the level of the cottage and the invisible part of the business model for foreign countries with the copy,which is not the core issue involved in the legal commentary does not evaluate how the evaluation,but the economic democracy and political ethics-this sense of the word jurisprudence think more to find the source of the legitimacy of an act.Finally,with regard to the invisible non-commercial part of the plate,whether it is the challenge of the mainstream culture,the mainstream discourse of the right to resist or counter the monopoly of technology, are related to the weak resistance of the law on its own is a qualitative assessment of the disputed and more,can be seen as a grass-roots fight for the rights of expression.Thus,under the finesorted structure of the Counterfeits,the author unscramble the involved any question of law or interrelated dispute.Based on above paragraphs,the third parts of article will seek deeply about the cause of formation of Counterfeits from human and society these two direction.People egotrip,according to Maslow's Need Hierarchy Theory could apt explain the part of commercial or uncommercial about the Counterfeits.The wave of economic globalization,the technical background of information age and the characteristic of China that located in globalization process:the huge requirement of growth of production, the perfect product system of factories all over the world and the relative deficiency of the right of speech in econmical,which is not consistent with the economical gross.They are all show us about why appear the Counterfeits,and why it's in fashion in China.When the veil of "SHANZHAI" is flaked gradually and the vein of its previous generation and this life presents clear,the significance of this article appears frankly on the paper.How should we face such upsurge of "SHANZHAI"? Need the law regulate it? If needed,how to operate? According to the behavior that grasping money by using the fake name of "SHANZHAI",the legal rules and regulations should give disciplinary punishment and take the prevention.And the blank in legal is needed to consummate instantly.Regarding other behaviors in terms of "village in a mountainous area",there is a heated discussion in the recognition of the legal and the illegal,and indeed,the inner problem is:innovation.It is not only related to the technical aspect,but also the system aspect.The thought is of great significance,especially in terms of China who is in the process of legislations.