The Study Of Legal Countermeasures Against Occupational Counterfeiting

As “occupational counterfeiting” increasing,it has become a problem in judicial and administrative enforcement of law.Although this problem had been studied in the field of the academic and practical circles,many studies only focous on the occupational counterfeiting,pay little attention to “buy fake product on purpose”,of which the legal analysis was very limited.These studies are carried on in the system of the "consumer protection law","food safety law" and other laws,which caused their conclusions don't accord in the whole legal system.Therefore,it plays an important role to comprehensively analysis “ occupational counterfeiting” and to discuss in the whole system of consumer protection.This current paper legally analyzes the behavior and characteristics of “occupational counterfeiting” by the method of case analysis,normative analysis,comparative analysis,points out that the law problems on “occupational counterfeiting” should be solved and puts forward the solutions and countermeasures.to provide powerful legal support for building a credibility market.Except the section of introduction and conclusion,this paper is divided into four sections.The first part is the typical case analysis.Basing on the analysis of three typical cases of “occupational counterfeiting”,it can be seen there still appears to common case of different judgements after the supreme court issued the guidance case.The core of this issue is whether the person in “occupational counterfeiting” are consumers,whether “occupational counterfeiting” belongs to the scope of consumer protection law adjustment.The law does not define the consumer causes the judge's interpretation of the concept of consumers are different,resulting in different cases of this result.The second part analyzes the phenomenon of “occupational counterfeiting”.“occupational counterfeiting” includes: suspectedof buying fake;buy fake fake;switch;ask for punitive damages;buy a great quantity;repeatedly buy fake program and team oriented.From the perspective of consumer protection law,we can see that the“occupational counterfeiting” applies to the current consumer protection law.The third part points out the negative influence of “occupational counterfeiting” in recent years.“occupational counterfeiting” is not only a waste of administrative and judicial resources,but also damage the legitimate rights and interests of consumers and operators,and even lead to mass incidents.The fourth part puts forward the specific legal countermeasures to deal with “occupational counterfeiting”.Improving consumer concept is the key to deal with the phenomenon of “occupational counterfeiting”.In China,the legislative model of "non operating +exception elements" should be adopted to define the consumers,the scope of the consumer protection law should be limited in "legal action" between operators and consumers,further to exclude“occupational counterfeiting” from the scope of the consumer protection law through the concept of consumer.Using the two measures of reducing the amount of punitive damages and encouraging to report “occupational counterfeiting” behavior to guide its legalization,legalization.