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Analysis of the law: illegal. "Professional anti-counterfeiters" generally refer to those who deliberately purchase problematic goods or services for the purpose of making money and demand compensation from the merchant.
Because "professional anti-counterfeiters" do not have the attributes of purchasing or using goods or receiving services for daily consumption, they do not have the rights enjoyed by consumers.
Legal basis: Criminal Law of the People's Republic of China
Article 274:Where public or private property is extorted, where the amount is relatively large or there are multiple extortions, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given, and a concurrent fine; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine is to be given. Article 23: An attempt to commit a crime is an attempt to commit a crime if the crime has already been committed, but the crime is not succeeded due to reasons other than the will of the criminal. For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenses.
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Whether a professional anti-counterfeiter is suspected of violating the rules needs to be analyzed on a case-by-case basis. As long as professional anti-counterfeiters can keep the bottom line of morality and law in anti-counterfeiting activities, it is not necessary to take this as a profession, and their actions can play a certain positive role in maintaining market order and upholding the rights and interests of consumers; However, if the counterfeiter maliciously cracks down on counterfeiting and exchanges benefits at the cost of violating the law, then his behavior is suspected of violating the law and committing a crime and should be punished by law.
The motivations of professional anti-counterfeiters are as follows:
The vivid cases of professional Qingzen anti-counterfeiting have imperceptibly contributed to the awareness of Chinese consumers to protect their rights, changed the pattern of the consumer market, and at the same time played a precious role in improving the legislation and law enforcement in the field of product quality and consumption in China. The promulgation of the "** Information Disclosure Regulations" has provided a lot of help for consumers to protect their rights, and consumers can inquire about the results of investigation and punishment after reporting.
In the process of defending rights, we often encounter situations of "fighting" with laws and regulations. There are conflicting administrative regulations of different administrative departments, leaving consumers at a loss. For example, many food labels describe health care functions, and according to the Interim Regulations on Food Advertising issued by the State Administration for Industry and Commerce, it is not allowed to express or imply health benefits with the help of ingredients, because packaging is also one of the forms of advertising.
However, in the mandatory standards of the quality supervision system for food labeling, it is allowed to introduce the functions of ingredients, and these words describing the functions are often to promote the health benefits of food. That is, the same label is legal according to one standard, but not according to another document.
Legal basisArticle 274 of the Criminal Law of the People's Republic of China.
Where the crime of extortion extorts public or private property, and the amount is relatively large or there are multiple extortions, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.
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Some claims for professional anti-counterfeiting are not supported or are suspected of extortion.
For the civil lawsuits filed by professional anti-counterfeiters under the Food Safety Law, the results of the judgments of various courts are inconsistent, some are upheld, and some are rejected by the courts. What's more, some professional anti-counterfeiters are suspected of criminal offenses for extortion.
In addition to the food safety law's clear stipulation that "the label and instruction manual of food have defects that do not affect food safety and will not mislead consumers" was rejected by the court and no compensation, there are also some cases where there is no Chinese description on the outer packaging, or it is dismissed because the plaintiff has repeatedly filed lawsuits suspected of malicious litigation.
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Whether the professional anti-counterfeiter is suspected of violating the law needs to be analyzed on a case-by-case basis.
1. If the counterfeiter is malicious and fights counterfeiting in exchange for benefits at the cost of violating the law, then his behavior is suspected of violating the law and committing a crime, and if it constitutes a crime, he shall bear criminal responsibility.
2. If the counterfeiter is not malicious in the fight against counterfeiting, his behavior is not suspected of illegal acts, and it will not constitute a crime.
1. Can I call the police if I am often beaten by my parents?
If you are often beaten by your parents, you can call the police. If the circumstances of the parent's beating of the child are minor and the harm to society is not great, it is not an illegal act. After the child reports to the police, the police will warn and educate the parents about such behavior, and will not be held responsible.
If the parents hit the child in serious circumstances, then it may violate the provisions of the "Public Security Administration Punishment Law of the People's Republic of China", and may also be suspected of a criminal offense. After the child reports to the police, the police will deal with it according to the actual situation and relevant legal provisions.
2. What is the illegal act of indiscriminately hitting 110?
It is illegal to dial "110" maliciously.
Calling 110 for fun, disturbing the work order of the public security organs, or reporting false police are all violations of the law.
The judgment contains 110 "Baozhou Tong Police** is a limited public resource to accept the public's police and ask for help, and dialing "110" ** indiscriminately not only interferes with the normal work order of the public security organs, but also squeezes out the right of others to call the police and ask for help normally, so that the limited police force is wasted.
The relevant provisions of the Public Security Administration Punishment Law stipulate that any malicious harassment or false alarm by dialing 110** without incident is an illegal act, and those with minor circumstances can be given a warning, detention of up to 5 days and a fine of up to 500 yuan;
where the circumstances are more serious, they may be detained for up to 15 days and fined not less than 500 RMB; Anyone who maliciously dials 110 to fabricate ** threats, biochemical threats and other information, seriously disrupts social order, and violates the Criminal Law, will be severely punished.
3. Can I report a case if I am beaten while serving my sentence outside of prison?
If you are beaten while serving your sentence outside of prison, you may report the case. If the person concerned did not hit the person, there would be no legal liability. If the person also fights back and his conduct is suspected of violating the law, the public security organs will detain him for not less than 5 days but not more than 10 days and impose a fine of not less than 200 yuan but not more than 500 yuan in accordance with the relevant regulations, but it will not have much impact on the execution of his sentence outside of prison.
However, if the law is seriously violated, the police will recommend that the court make a decision to return the person to prison.
Article 274 of the Criminal Law of the People's Republic of China.
The crime of extortion refers to the use of intimidation, threats, or coercion against the victim for the purpose of illegal possession, and illegally occupying the victim's public or private property.
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