The Research On Criminal Cases Of High Claims Of "Knowing And Buying Fakes" In The Field Of Food And Medicine

In the field of food and medicine,the behavior of “knowing fake buyers” for high-value claims refers to the fact that in the special consumption fields such as food and medicine(hereinafter referred to as the “food and medicine field”),the perpetrator still purchases the goods many times after knowingly knowing that the goods are defective.Businesses claim high compensation,otherwise they will resort to complaints,prosecutions,and online exposure.Completed a large search of criminal cases in judicial case databases such as China Judgment Document Network and "Peking University Magic Weapon" by "protecting rights","knowing fakes and buying fakes",and "professional crackdowns",and screened out 100 sample cases related to the research topic.After detailed analysis and sorting out of the judgment status of high-value claims cases involving "knowing fakes and buying fakes" in judicial practice,it can be seen that the boundary between "knowing fakes and buying fakes" rights protection cases in judicial practice is difficult to distinguish from the crime of extortion.Cases of different judgments in the same case frequently occur in the courts,and the inconsistency of judgment rules has seriously affected the credibility of the judiciary.Therefore,it is necessary to combine the problems in current judicial practice and use relevant principles of criminal law to conduct research on this.Through the statistical analysis of the sample cases,three judicial cases with similar behavioral characteristics but completely different judgment processes were selected,namely the extortion case of Guo Moumou and Zhao Moumou,the racketeering and extortion case of Meng Moumou and Li Mou,and the Ma A case of extortion and extortion,sorted out the problems of how such behaviors are characterized in judicial practice,analyzed these problems one by one,and condensed the focus of disputes on three levels,that is,whether "those who know fakes and buy fakes" have the subject qualifications of consumers,Whether the high-dollar claims of "knowing fakes and buying fakes" have the purpose of illegal possession,and whether the protection of rights through complaints,prosecutions,and online exposure is an act of extortion.First,for the identification of consumer subject qualification,the consumer identity should be defined according to current legislation,judicial interpretations,and guiding cases,and the meaning of life consumption should be explained from the scope of semantics.Production”,as long as the buyer does not resell or reproduce the purchased commodity,it belongs to the consumer and can enjoy consumer rights.In this case,it is not appropriate to believe that "people who know fakes and buy fakes" have purchased products but have not eaten them or used them.Second,with regard to the judgment on whether the high-amount claim of the“knowing fake buyer” has the purpose of illegal occupation,it is unreasonable to judge that the perpetrator has the subjective intention of illegal occupation based only on the huge claim claimed by the perpetrator.Therefore,the connotation and judgment criteria of the purpose of illegal possession should be clarified,combined with the means of the parties seeking compensation,and then comprehensively determined that when the perpetrator has the basis for rights protection and the means of rights protection are legitimate,the huge compensation of the perpetrator certainly does not have the purpose of illegal possession.Third,regarding whether complaints,prosecutions,and online exposure are acts of extortion,the connotation and identification standards of extortion should be clearly defined,and the legality of rights protection methods based on complaints,prosecutions,and exposure should be examined.Common rights protection methods are not enough to make people feel fearful and do not belong to extortion.Therefore,it is not appropriate to identify these rights protection methods as extortion and extortion in this case.