Research On Administrative Regulation Of Professional Counterfeiting

Since the mid-1990 s,professional counterfeiting in China has gradually entered the stage of history.At that time,all sectors of society praised it and called it "Wang Hai Phenomenon".The original intention of the punitive damages system to crack down on fraudulent business practices is to increase the cost of illegal activities and encourage the act of safeguarding rights.However,in recent years,the ranks of professional counterfeiters have grown rapidly,and the means and purpose of counterfeiting have shown a trend of scale,specialization and commercialization.More and more professional counterfeiters and counterfeiting companies have appeared,and even the chaotic phenomenon of "knowing the fake and buying the fake","substitution for purchase after compensation","to cheat with fake goods and make fake goods" and extortion of businessmen with the threat of exposure has appeared.In China,the top-level design of administrative regulation on professional counterfeiting is not clear,and there are more or less problems in the handling of administrative organs,which leaves opportunities for professional counterfeiters.Based on this,in the process of research,this paper first explores the concept of professional counterfeiters and their main characteristics.On this basis,the current development status and possible future development trend of professional counterfeiters,as well as the coping level of professional counterfeiters,especially the deficiencies of the current market regulators in the process of law enforcement are analyzed.Based on the advanced experience and methods at home and abroad,the administrative regulation measures and suggestions of professional counterfeiters are put forward.In addition to the introduction and conclusion,the full text is divided into four parts:The first part: the theoretical interpretation of professional counterfeiting.This part defines the professional counterfeiting behavior by law,and makes a clear distinction between professional counterfeiting and blackmail,professional counterfeiting and ordinary consumers.The second part: the current situation and trend analysis of professional counterfeiting.In this part of the discussion,mainly based on practice,on the development of professional counterfeiting status quo and the possible future trend of change and so on carried out research and judgment.The third part: the administrative regulations adopted by our country in combating professional counterfeiting,as well as the problems in them.In this part of the exposition,in view of the current situation of China's professional anti-counterfeiting regulation,in the specific study mainly based on legislation and law enforcement were analyzed.At the same time,the regulation deficiencies of occupational counterfeiting are explained in detail,including top-level system design,administrative supervision of regulatory bodies,law enforcement behavior of law enforcement departments and quality control of producers themselves.The fourth part: Analysis of the countermeasures to improve the administrative regulation of cracking down on professional fraud.This part puts forward specific suggestions from the perspective of law application: on the premise of improving relevant laws and regulations and timely revision,we should strengthen the supervision and law enforcement departments of various market entities,pay attention to the standardized guidance of counterfeiters,so that they can turn from "black to white" to "department assistant" and "good helper" of consumers,and create a harmonious and beautiful consumption environment.