A Number Of NPC Deputies And CPPCC Members Work Together To Fight Against Fake Products.

The world clothing shoes and hats news is well known that every March 15th is not only a "Consumer Rights Day" but also a professional "holiday".

Well,

How to increase penalties for counterfeiters?

"Heavy penalties for those who falsification have beaten him to ruin.

If he dares to fake it, he will die.

"We should crack down on counterfeiting as against counterfeit money, and increase penalties for those who sell fake products, so that the law can play a sufficient deterrent role."

"Counterfeiting and selling is unfair to small businesses who truly abide by market rules and operate in good faith."

"Setting up a higher punitive damages measure, and taking the amount of business as the benchmark, we can achieve the economic sanction of" one false life and one life indebtedness ".

In this year's government work report, we must not allow counterfeit and shoddy breeding to spread; let the problem products have no place to hide, and those who do not sell the legal system can not escape the law; strengthen the protection of intellectual property rights and implement the system of tort punitive damages.

However, the cost of counterfeiting and selling is low and the profits are large. Buying fake or using fake can bring a temporary benefit. It is not easy to ban counterfeit infringement in the short term.

This has attracted the attention of many NPC deputies and CPPCC members.

Many representatives and legal experts believe that it is expected that legislation will reduce the threshold of manufacturing and selling fake entry penalty, enforce law standards on all sides, lay down the source of production under the encirclement and suppression line, and explore diversified governance models to raise the costs of making and selling counterfeit offenses. This is expected to become an important way to solve the fake commodities problem in the future.

Yu Liufen, member of the CPPCC National Committee:

Make fake products a public enemy of the whole people.

Yu Liufen, member of the CPPCC National Committee and Secretary of the Party committee of Yan Bo Village, Guizhou Province, is suffering from fake and shoddy issues recently.

Since October 2017, "people's small wine" has become "net red".

Yu Liufen told the Beijing Youth Daily reporter that "people's small wine" has gained unprecedented attention and has become a well-known brand throughout the country. It is almost a household feeling.

Some people who specialize in counterfeiting and shoddy have begun to focus on "people's small wine". These people go all the way to counterfeit, from bottle type to trademark, and propaganda advertisement, all of them copied the past.

To Yu Liufen's headache, "when we did these things silently, we didn't expect hundreds of counterfeit products on the market.

These actions are very damaging to businesses and consumers. "

Although Yu Liufen was very angry, he was not discouraged. "I also believe that true is always true. False is always false."

Yu Liufen said that now the government departments pay more and more attention to cracking down on counterfeit goods, and believe that the government departments will try their best to support them in fighting against counterfeiting.

"It may take time, and we need to make adequate preparations. I have confidence in how to deal with these fake and inferior products and how to manage them."

"Fake products should be the enemy of the whole people."

Yu Liufen also put forward his own proposal to combat counterfeiting. She suggested that ordinary people should join in the ranks of counterfeiting, and even some Internet platforms should take an active part in it.

For example, "people's small liquor" has not been sold on the Internet at present. All those who advertise "people's small liquor" are fake products, and the network platform should ask them to get off the shelves.

Yu Liufen suggested that we should further strengthen the protection of intellectual property rights, so that enterprises should not be hurt by fake and shoddy products in the process of becoming bigger and stronger.

"In the area of counterfeiting, especially the food safety, I feel that we should fight heavy penalties for those who falsification. Like other countries, they beat him to ruin.

If he dares to fake it, he will die.

Yu Liufen also suggested that we should strengthen the protection of well-known brands and intensify the crackdown on this brand.

"People's small wine" was imitated by a company in a big way, from propaganda, bottle type to packaging, and later, it was surprised to find out.

"In the fight against counterfeiting, we are not fully prepared."

Yu Liufen said that she would spend more time paying attention to counterfeiting and calling for counterfeiting and protecting the hard won brand of "people's small wine".

Zhang Deqin, deputy to the National People's Congress:

Cracking down on counterfeiting, like counterfeit money and drunk driving.

Zhang Deqin, deputy general manager of the National People's Congress and Moutai group, told reporters in Beiqing Bao that he was elected the NPC deputy for the first time this year. He talked about the problem of counterfeiting when he interviewed a lot of media.

As a national brand, Moutai is deeply influenced by fake and inferior products.

Since 2016, the liquor industry has been recovering collectively, of which the price of Moutai liquor has increased significantly, and the drive of interest has led to the frequent occurrence of Moutai liquor counterfeiting.

Zhang Deqin said that in this year's government work report, since we have proposed to encourage innovation, we must have a mechanism to encourage innovation.

Counterfeiting and selling has become a malignant tumor of the whole society, seriously affecting the healthy development of the industry. It has seriously damaged the initiative of the market participants.

"Now, China has entered the central stage of the world stage, and the nation should be confident.

If Chinese enterprises want to take a firm foothold in the international market, they must cherish their brand image and abandon the short-sighted practice of obtaining temporary profits by counterfeiting and infringement.

Through innovation and independent intellectual property rights to promote enterprise development and growth, stimulating economic growth.

Zhang Deqin told the Beiqing Bao reporter, "take Moutai liquor as an example. Moutai, as a famous brand in the country, has been deeply influenced by fake and shoddy products for a long time, and it is the victim of counterfeit goods.

I hate those who sell fake products.

Zhang Deqin introduces, take Moutai as an example, in the past few years, they have invested a lot of manpower and material resources to fight against fake products, such as improving anti-counterfeiting technology, releasing purchase tips and so on.

And the cost is very high, but it has little effect.

Besides Moutai, many products have been interfered by counterfeit products, and fake selling has seriously affected the normal market order.

Zhang Deqin said that the quality consciousness of domestic enterprises is gradually enhancing, but the problems existing in many "small workshops" still can not be ignored.

Their technical capabilities and production conditions are not standardized, and the quality of products is not guaranteed. They not only infringe on the interests of counterfeit brands, but also bring hidden dangers to consumers' personal and property safety.

Moreover, their cost of counterfeiting is low, and the phenomenon of counterfeiting will soon continue after a blow.

"Counterfeit and shoddy foreign countries also exist, but foreign counterfeiting and selling people have to pay huge costs and costs."

Zhang Deqin suggested that the state should improve the legal system related to counterfeiting from the perspective of legislation.

We should crack down on counterfeiting as against counterfeit money and crack down on drunk driving, and increase penalties for those who sell fake products, so that the law can play a sufficient deterrent role.

At the same time, in the whole society, we create a shameful atmosphere of counterfeiting and selling, and incorporate the personal information of counterfeit sellers into their integrity system, thereby affecting their bank loans and so on, so that they can pay a high price.

Mi Xuemei, deputy to the National People's Congress:

Counterfeiting erosion and development of regular Enterprises

A few days ago, Mi Xuemei, deputy to the National People's Congress, reviewed the 21 years' working experience of "working girl" as a "new Cantonese" in the discussion of the Guangdong delegation.

Mi Xuemei said that after 21 years of working, she hated fake products. Counterfeiting would erode the development space of formal enterprises. She suggested increasing the crackdown on counterfeiting and selling, and strengthening the management from the source of production below the line.

According to media reports, in 1997, Mi Xuemei came to work in a garment factory in Zhongshan from his hometown in Gansu.

She has worked as a security guard, technologist and merchandiser.

Now she is the director of customer service department of Xia Hu Shijia dress Co., Ltd.

She told the Beiqing Bao reporter that there are many in China now.

Companies spend a lot of money and energy on independent research and development, but profit margins are always eroded by fake products.

More importantly, fake and inferior raw materials used by the counterfeiters to reduce costs often endanger human health.

"What we hate most is making fake goods, so we must put an end to fake and shoddy products.

Never touch this. "

Mi Xuemei said that she had seen a skirt in WeChat's circle of friends. "The photo is beautiful. I bought it. I can't see it when I receive it. I don't think it's a regular manufacturer's clothes when I see it."

During the two sessions this year, Zhu Zheng Fu, a member of the CPPCC National Committee, paid attention to counterfeiting for second years. He called for more efforts to crack down on the behavior of counterfeiting and selling, and jointly promoted the direct punishment of counterfeiting behavior, and suggested that the whole society should form a joint effort to increase the crackdown on the issue of counterfeiting crossing multiple platforms across the country.

Mi Xuemei appealed to Zhu's husband. She said that the counterfeiting and selling behavior is unfair to the small businesses that truly abide by the market rules and operate in good faith. They should increase the crackdown on counterfeiting and selling, and strengthen the management of fake products from the source of offline production.

Zhu Xinli, member of the CPPCC National Committee:

Let the counterfeiters live indebted for life.

This year, the newly elected CPPCC National Committee member and Zhu Xinli, a member of the Central Committee of the Kuomintang, took the proposal of "severely punish counterfeit goods" and so on. He suggested that a higher punitive compensation measure should be set up so as to achieve a "fake and life-long debt" economic system.

Zhu Xinli said, "in recent years,

The degree of industrialization and professionalism is getting higher and higher, which leads to high cost of evidence collection and difficult fighting.

The 97 criminal law does not take into account the special law of counterfeit goods in the Internet age.

The counterfeit will reduce the value of counterfeit goods seized and avoid criminal risks through the separation of goods, trademarks, scattered production, pre sale assembly, order production of fake goods, and no stockpiling of goods.

The crime of counterfeiting a registered trademark, the crime of selling counterfeit registered trademarks, and the conviction standard of counterfeit goods such as the crime of producing and selling fake and inferior products, all require 30 thousand or 50 thousand of the amount.

At the same time, in judicial practice, the proportion of probation applied to counterfeit sellers is high, and it is difficult to produce deterrent effect. Moreover, those who sell fake products can only be sentenced to "50% or more than two times the amount of sales," and the cost of illegal products is extremely low and profitable.

Punishment is not enough, which leads to recidivism and recidivism.

Zhu Xinli suggested that first of all, we should reduce the threshold for incrimination and appropriately expand the scope of attack.

The standard of conviction, including the criminal law, has changed from "only amount theory" to "pluralism". It has also taken the case of "multiple fake selling and selling" and "counterfeiting and selling fake products after the administrative punishment".

Secondly, we should increase the legal liability and increase the cost of breaking the law.

These include: first, clearly set the conditions for applying probation, so as to limit the application of probation.

The two is to abolish the rule of double ratio penalty and increase the amount of fine.

Three, we should strengthen the strength of supplementary punishment and set up regulations on lifelong prohibition of employment.

The four is to set up a blacklist system to eliminate counterfeit sellers from the market production activities.

Five, we should set up a higher punitive compensation measure and take the amount of business as the benchmark to achieve the economic sanction of "one false life and one life indebtedness".

Expert opinion

The number of sales of fake goods can become a penalty condition.

"Although the current criminal law in China is

Behavior has been set up for production and sale.

Crime has been specially dealt with, but it has not been adjusted for more than 20 years since the beginning of legislation.

Now is the time to improve with the times.

When it comes to lowering the threshold for counterfeiting and selling fake products and promoting the counterfeiting behavior directly into the CPPCC members' proposals this year, Professor Wang, the Law School of Peking University, deputy Procurator General of the Changping District people's Procuratorate of Beijing and Wang Xin, executive director of the Chinese Criminal Law Research Association, said.

Wang Xin said that the penalty threshold for the crime of producing and selling fake and inferior products is that the sales amount reaches 50 thousand yuan, that is to say, even if the judiciary has found out that someone has a fake selling behavior, if the sales amount is less than 50 thousand yuan, or the sales situation is difficult to identify, there is no way to investigate the criminal responsibility of the parties concerned.

This is no doubt a blow to the sale of counterfeit products.

In this regard, Wang Xin suggested that "the sale of fake behavior to reduce the threshold for entry into the penalty, we can consider adding two entry penalty conditions, the first is the number of sales, that is, how many fake and shoddy products sold by the seller constitute a crime, even if it did not reach the sum of 50 thousand yuan, we should also investigate the corresponding criminal liability; second, for repeated production and sale of counterfeit and shoddy products, even if the sum of sales has not been up to 50 thousand yuan, it can also be punished."

In addition to the legislative adjustment of the criminal law, Wang Xin also suggested that from the judicial point of view, the Supreme People's court and the Supreme People's procuratorate should introduce a judicial interpretation specifically to combat the counterfeit behavior of selling and selling, and from the perspective of a higher national strategy, we should crack down on the manufacture and sale of fake behavior and guide the judicial practice throughout the country.

"At present, the cost of making and selling counterfeit offenders is too low, and after a blow or punishment, they will come back soon."

Wang said that in addition to increasing the blow to the counterfeit makers in terms of property, it could also consider depriving them of their qualifications to engage in production and sale.

Number theory

More than 80% suspects are 80 and 90s

In 2017, Alibaba accumulated a total of 1910 suspected selling and selling fake clues to the national public security organs, which were far more than 50 thousand yuan, and helped to arrest 1606 people involved, and destroyed 1328 sites. The amount involved was about 4 billion 300 million yuan.

There were 740 cases of criminal strike by public security organs, an increase of 58% over 2016. 63 cases were confirmed by public information, and 129 people were sentenced, including probation 104, suspended probation 81%, two percentage points higher than last year's 79%.

80 and 90 are becoming the main force of manufacture and sale.

In 2017, about 80 of the counterfeit suspects sold by police were coercive measures, accounting for 83% of them.

The difficulty of counterfeiting is hard to enforce the law enforcement cost, the cost of crime is low, and the evidence is difficult to identify.

More importantly, the source of offline fake production is difficult to eradicate.

According to Alibaba's 2017 annual report on counterfeiting annual reports, in 2017, the United Arab League has made a historic breakthrough in the management of Internet fake goods and intellectual property rights protection. The appeal of "treating fake goods like drunk driving" has become the consensus of the whole society.

On Ali platform, in 2017, the rate of refund initiated by consumers suspected of buying fake products was 0.0149%, down 29% from last year, that is, only 1.49 of every 10 thousand orders were suspected fake goods.

As the production of fake commodities under the line has not been eradicated, many chains and networks of counterfeiting and selling crime are still rampant, even forming industrial, regional and regional fake industrial belts.

In December 2017, the Ministry of Public Security launched a special plan to crack down on the "spring thunder action" against intellectual property crimes. It urged all local public security organs to dig up the source of crime, destroy the chain of criminal industries, and severely punish counterfeiting and selling fake criminals.

This year, Alibaba once again called on the whole society to "control fake goods like drunk driving", and jointly promote the direct entry of counterfeit products into the penalty, and introduce punitive damages, so that the counterfeit sellers can be "bankrupt" to completely curb the problem of counterfeit goods.

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