Study On The Criteria For Determining "Other Serious Circumstances" Of The Crime Of Selling Goods With Counterfeit Registered Trademarks

The Criminal Law Amendment(11)changes the criminalization condition for the crime of selling counterfeit registered trademark goods from the original "large sales amount" to "large illegal income amount" or "with other serious circumstances.".As a bottom-up clause,the specific identification of "other serious circumstances" needs to be systematically studied theoretically and practically.The thesis intends to combine theoretical research and practical analysis,focusing on the following three aspects.Firstly,focusing on the amendments made by the Criminal Law Amendment(11)to the crime of selling counterfeit registered trademarks,this article analyzes the application and adjudication status of "other serious circumstances" in the crime of selling counterfeit registered trademarks,and identifies three major dilemmas in the specific determination of "other serious circumstances" :(1)whether and how the "sales amount" standard is applicable;(2)"Other serious circumstances",as a bottom-up clause,can easily lead to abuse in judicial practice;(3)Different standards for determining "other serious circumstances" can easily lead to different judgments in the same case,affecting judicial fairness.Secondly,by explaining the status of the criminal theory system of "other serious circumstances",the legal benefits of the crime of selling counterfeit registered trademark goods,the legislative model of "other serious circumstances",the nature of "other" of "other serious circumstances",and the pre element of "other serious circumstances",such as the amount of illegal income,which may affect the identification criteria of "other serious circumstances",Clarify that "other serious circumstances" are objective elements that reflect the extent of legal interest infringement in the sale of counterfeit registered trademark goods;The legal benefit of the crime of selling counterfeit registered trademark goods is the order of trademark rights management."Other serious circumstances" belong to the crime of impure circumstances involving "amount" and "circumstances",and the "circumstances" element is a supplement to the "amount" element;"Other" of "other serious circumstances" belongs to the term "other" in the sense of conviction and restricted by multiple laws in the normative sense,and its interpretation needs to refer to relevant laws and regulations;The "total amount theory" should be used to explain the connotation of "illegal income amount" and distinguish between "illegal income amount" and "sales amount".Finally,based on the research and analysis of the factors that may affect the determination criteria for "other serious circumstances",and on the premise of adhering to the principles of objective illegality,composite legal benefit evaluation,and overall evaluation,combined with judicial practice,there has been experience in using the amount of illegal income,sales amount,value of goods for sale,and quantity of infringing products as the determination criteria for "other serious circumstances",According to the consistent legislative model of plot crime,this paper proposes a reasonable construction of the criteria for determining "other serious circumstances" of the crime of selling counterfeit registered trademarks.