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Research On Professional Claim

Posted on:2024-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:C F ZhangFull Text:PDF
GTID:2556307121481334Subject:Law
Abstract/Summary:PDF Full Text Request
Since the emergence of occupational counterfeiting,it has been controversial.The academic community has debated whether it has consumer identities and whether it can apply punitive compensation systems;judicial practices also have different understandings,and there are cases of inconsistent judgments.With the rapid development of online transactions and the legal system’s increased punishment for illegal activities in the food and drug and advertising fields,occupational counterfeiting has begun to be alienated into occupational claims.Professional claimants have stronger profit-seeking tendencies and more tangled means.They mostly target the non-substantial problems of goods,and any issues that may indicate defects in the goods can be used as the basis for their "claims." Their arbitrary and massive complaints and reports not only seriously affect the optimization of the business environment but also take up the already tense administrative and judicial resources.It also conveys the idea of getting something for nothing.Therefore,it is necessary to regulate professional claimants.Based on the common means of professional claimants and combined with the reasons for their alienation,this article proposes three measures to regulate them: First,introduce nominal compensation to reduce the side effects of punitive compensation and reduce their profit-making possibilities;second,improve the reporting reward system to guide them Provide illegal clues to administrative agencies and reduce "private power" to counterfeit;third,incorporate malicious claims into the regulation of extortion to crack down on "malicious claims" that disrupt the market economy order.Through multi-channel regulation and crackdowns,the unbridled expansion of occupational claimants can be limited,guiding them to focus on real "counterfeiting," playing their role as "cleaners," better optimizing the business environment,saving administrative and judicial resources,and promoting the development of society.
Keywords/Search Tags:professional claims, nominal damages, Reporting reward system, Extortion
PDF Full Text Request
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