Investigation And Research On The Crime Of Selling Counterfeit Commodities On Network

With the rapid popularization of the Internet,the increasingly perfect logistics delivery industry and the rapid development of e-commerce,network trading has become an important part of the current market transactions in China.Network trading has become the most popular consumption mode of the people by virtue of its own advantages.In the current network virtual background,more and more businesses gradually change their marketing model from online to offline,from the previous face-to-face transactions to today’s online transactions,consumers in the network transactions,The channel to judge the demand for goods is only the small video,pictures and other consumers’ evaluation.The lawbreakers take advantage of this characteristic of network transaction,and under the drive of high economic profit,use the convenience,concealment and low cost of network transaction to carry out the crime of network selling fake.Under the current situation,the crime of network selling fake is still high,which has become one of the highest reporting rate of network crime.With the blessing of science and technology,the criminal means and methods are constantly updated and upgraded with the progress of science and technology,which brings great challenges to the public security organs to crack down on such crimes.Therefore,this thesis will analyze the investigation difficulties of the crime of selling fake and inferior commodities on the network from the present situation and characteristics,and put forward the corresponding investigation countermeasures.This paper is divided into three parts,respectively from the network sale of fake and inferior commodities crime overview,investigation difficulties,investigation countermeasures three aspects of the network sale of fake and inferior commodities crime investigation.The first part is an overview of the crime of selling fake and inferior commodities on the network.First of all,the concept of the crime of selling fake and inferior commodities on the network is defined,the difference between fake commodities and fake commodities and the meaning of the crime of selling fake commodities on the network are clarified,which lays a theoretical foundation for the investigation of the crime of selling fake and inferior commodities on the network below.Secondly,the present situation of the crime of selling fake and inferior commodities on the network is analyzed from four aspects: the quantity of the crime,the source of the goods involved,the channel of selling fake goods and the scale of the crime.Finally,the characteristics of the crime of selling fake and inferior commodities on the network are discussed from four aspects: the cross-regional characteristics of the case,the non-contact trading means of the crime,the wide and scattered groups of the victims,the use of electronic commerce and express service.The second part,from the clue,evidence collection,identification,the mobilization of investigation resources four aspects of the network sales of fake and shoddy commodities crime cases are discussed in the investigation of difficulties.First,it is difficult to obtain the clues involved in the case.The main reason is that the victims do not take the initiative to report the case due to the insufficient awareness of consumers’ rights protection after the occurrence of the online selling of fake goods.In addition,the administrative law enforcement departments do not transfer the clues in time,the external interference factors are difficult to eliminate,and the public security organs are more passive in obtaining the clues,which makes it difficult to find and obtain the clues.Second,it is difficult for criminal investigation and evidence collection,which is mainly reflected in four aspects:easy tampering of electronic data,large amount of evidence collection due to the wide range of cases involved,difficulty in tracking and locking criminal suspects,and difficulty in determining the amount of money involved.Third,it is difficult to inspect and identify the commodities involved in the case,which is reflected in the lack of identification awareness that makes it difficult to promote the identification work,the validity of the appraisal opinions issued by the infringing party is doubtful,the total number of appraisal institutions is insufficient and the level is limited,and the sampling appraisal standard is difficult to grasp.Fourth,it is difficult to mobilize investigative resources,which is manifested in the following four aspects: unsmooth execution,difficult to determine the jurisdiction of case filing,weak investigation cooperation and difficult to find out all the criminal chains.The third part,from the network sale fake commodity crime characteristic and the investigation difficulty,proposes the investigation countermeasure pertinently.First of all,we should synthesize various means to obtain case clues,one is to mobilize the masses to report criminal clues,the other is to consolidate the network position control and collect clues,and the third is to obtain clues from market supervision and management departments in time.Fourth,make good use of big data to actively excavate clues involved.Secondly,the public security organs should comprehensively collect criminal evidence from four aspects: strengthening the collection and fixing of electronic evidence,carrying out on-site investigation and collecting physical evidence,verifying the identity of suspects through various channels,and analyzing and judging the information of funds.Thirdly,we should identify the commodities involved in the case in time,determine the nature of the case through the identification of the commodities involved,at the same time,improve the mechanism of convergence of the appraisal work,and give full play to the role of the appraisal in the investigation of the crime of online counterfeiting.Finally,the establishment of multi-domain joint investigation mechanism mainly includes strengthening cooperation within public security organs,strengthening cooperation between police and enterprises outside,deepening cooperation with administrative organs and carrying out the campaign of network selling fake clusters.As a kind of criminal case involving network in recent years,the crime of selling fake and inferior commodities on the network presents new characteristics and unsung criminal means,which infringes the legitimate rights and interests of consumers.It also infringes the reputation of regular merchants and brand commodities,brings adverse effects to the healthy development of e-commerce network,and even seriously reduces the reputation of Chinese commodities in the international community.Therefore,the purpose of this thesis is to analyze the characteristics and difficulties of the crime of selling fake and inferior commodities on the network,and to put forward the investigation countermeasures with practical significance based on the characteristics of crime and the difficulties of investigation.In order to investigate the practical work has practical guiding significance.