How to interpret this incident from a legal point of view?

In today's society, there are all kinds of occupations, and in recent years, there has been a professional anti-counterfeiter, he refers to a profession that is to fight counterfeiting for the purpose of making money, by taking advantage of the expiration of goods or the problem of product loopholes deliberately in large quantities, and then through the fight against counterfeiting to require merchants to pay compensation for property. Some consumers will see them as heroes, while others will see them as profiteering.

Recently, in Handan, Hebei Province, female Internet celebrity Hou Cui finally received the verdict in favor of the lawsuit. This lady is a member of the village committee of a village in Guangtai County, Handan City, Hebei Province, usually more helpful, impermanent service for the villagers, and has more than 20,000 fans on the Douyin platform, and can be regarded as a local Internet celebrity, but because she helped the delis on a blind date to bring goods, in the end, the lady went through a 10-month lawsuit, and on December 18, 2021, a man dialed his ** and told him that he was a fellow Handan villager working in Jilin and wanted to use the cooked food of his hometown to entertain his colleagues, So he ordered goose, pig's trotters, elbows, pork belly and other snacks, and paid a deposit of more than 3,000 yuan to Ms. Hou. <>

After the packaging was completed, they sent the package to the address designated by the fellow, but something unexpected happened, the man then complained to the 12315 platform, saying that when the express delivery came, it was all three no products, and asked the merchant to compensate 10 times, otherwise he would have to sue the court for compensation. Now in this situation, Ms. Hou also understood that she had been deceived, so she contacted Xin many times to negotiate, but Xin still offered to compensate 28,610 yuan by 10 times.

Subsequently, Xin filed a lawsuit with the People's Court of Dongliao County, Jilin Province, demanding 10 times the compensation for the delicatessen, during the trial, because of the epidemic, the defendant's delicatessen did not participate in the trial, so Ms. Hou lost the case in the first instance. <>

Therefore, she decided to appeal again. Recently, Ms. Hou ushered in the second instance of this case, and finally the court of second instance made a judgment that the cooked food sold to Xin by the delicatessen involved was bulk food, not pre-packaged food, and that Xin had communicated with Xin with the production date before purchasing, and Xin, as a professional anti-counterfeiter, did not truthfully state in the course of the litigation, which was obviously a malicious act and should be punished by law, so Xin lost the case. <>

Because Xin's identity in this case is not a consumer, and the purpose of his purchase of food is not for daily consumption, but only to make money for profit. This kind of cooked food works everyone should know this kind of production date, production name address, contact information, etc., all belong to the cooked food made by him when he needs it, not to mention that Xin himself already knew the form of cooked food before buying, but his purpose is not to buy these cooked foods but just hope to achieve his own goals in this way.

I think that the woman helped the villagers bring the goods, and was claimed by the professional anti-counterfeiter, and interpret this matter from a legal point of view. I think that's right. Be sure to follow the law.

From a legal point of view, such behavior is a nail in the nails, and the fight against counterfeiting is an illegal act that violates the market management order of our country, causes chaos in the market management order, and seriously infringes on the right to wisdom and the business reputation of individuals.

In Handan, Hebei Province, the woman Hou Cui was claimed by Xin, a professional counterfeiter, for helping villagers bring goods. In the first instance, he was sentenced to 10 times the compensation, and the second-instance reform had nothing to do with whether the professional anti-counterfeiting judgment could be claimed; The reason for supporting and rejecting the claim is that the judges of the first and second instance have different understandings of the delicatessen shop.

Personally, I don't think so. Because it's a good thing to do this, he is bringing goods for the villagers, and he shouldn't.

I don't think it should be done like this, this woman is doing good things for the villagers according to normal procedures; In the end, the court's judgment said that the woman's behavior was legal and compliant, and the woman won the lawsuit.

I don't think this Qingfan should be faked, because he is a farmer so he doesn't know much about the process, we should tell him to go through the procedures when we go to the sedan chair. The court of first instance awarded 10 times the compensation, and the second trial did not need to pay compensation.

The woman brought goods for the villagers and was claimed by the professional anti-counterfeiter, of course, this kind of anti-counterfeiting behavior should not be, and it is also a kind of harm to others and self.

1. The woman brought goods for the villagers and was claimed by a professional counterfeiter<>

A Ms. Hou in Handan recently encountered such an annoyance, because she brought fire to the villagers in the village, but was claimed by a professional anti-counterfeiter, who said that their ** cooked food products belonged to three no-products, and lost the first instance; So Ms. Hou appealed again, and finally in the second instance, the other party lost the case because the other party did not make a truthful statement. Because this kind of professional anti-counterfeiting behavior is too bad, this has aroused the concern of many people.

Second, such a crackdown on counterfeiting should not be <>

Of course, this kind of anti-counterfeiting behavior should not be, from the objective reasons, in fact, some local cooked food products are not the empty cooked food products of the small bucket dry workshop, which means that there is no need to label, nor is it a three-no food, but a kind of food that is made faster. Starting from the current purpose of the anti-counterfeiter's behavior, it is not difficult for us to find that the professional anti-counterfeiter is not just for the purpose of fighting counterfeiting, but also wants the villagers to compensate him with a high amount, and this kind of malicious litigation should not be supported at all, so it is natural for the second-instance judgment that the professional anti-counterfeiter's behavior is a malicious litigation behavior.

Third, the current reappearance of counterfeiters is actually because the law has left a gap <>

To get back to the point, regardless of whether this anti-counterfeiting phenomenon should be supported or not, in fact, the anti-counterfeiters can fight counterfeiting because the law leaves a gap, although in the past law formulation, our law has stipulated that the so-called professional anti-counterfeiters are not supported by the court. However, in order to ensure our food safety, if it is to crack down on the problems of the food safety industry, then it means that the request of the professional anti-counterfeiter can be supported, which is also the reason why the professional anti-counterfeiter in the case just mentioned can carry out the lawsuit so smoothly, we must not think that the anti-counterfeiting is such an easy thing.

It definitely shouldn't be, because you are cutting off other people's financial means in this way, and the woman is kind enough to do good things, after all, the villagers are so poor.

I don't think it should be, although it is a good move to fight fakes, but it also depends on the situation, such a fight against fakes, and it is indeed the villagers who suffer in the end.

The first point should be round as a town in the end, because it is normal for orange to be rough and fake, and the second point is that this situation occurs, and it can only be said that this woman went by herself, so this kind of situation must be compensated.

It's already blackmail. Because the so-called anti-counterfeiters are actually trying to make money under the guise of fighting counterfeiting.

I think this is a kind of blackmail, and this kind of behavior makes people feel very angry, and this kind of person feels very immoral.

I think this kind of behavior is also blackmail, after all, the woman's behavior is also better. And some people use this way to blackmail.

The woman helped the villagers bring goods, and was claimed by the professional anti-counterfeiter, and the professional anti-counterfeiter's behavior of "knowing the fake and fighting the fake" to make huge profits is not like the anti-counterfeiting but more like "blackmail". When I saw the news, I was very angry, this woman was obviously helping farmers do a good deed, but she didn't expect to be blackmailed by some professional anti-counterfeiters. This matter has also been frantically complained by netizens, it is not easy for farmers to sell their products, this woman helps farmers bring goods through her own ability, I think it has played a great role in relieving the pressure of farmers, and if the farmers' products cannot be sold and are unsalable in their hands, then the farmers will have no income for a year, and the lives of farmers will be very tense.

Many people don't understand what kind of behavior anti-counterfeiting is. Many people suspect counterfeiting, is it just because of a claim? According to relevant investigations, this is not the first time that this professional counterfeiter has lost a lawsuit, and he has used the same tricks to "blackmail" other delicatessens.

The man just took advantage of the fact that the delicatessen products did not have formal packaging, and asked the other party to take the mail as early as possible, and uploaded it to 12315 to complain in the shooting of unboxing**. In fact, such full-time counterfeiters are very hated by everyone, they are asking for some money through such behavior, in fact, they are extortion, the impact of this matter is very bad, and it is not the first time that these people have lost the lawsuit, but they can still do it blatantly. Behind this, it is very worth reflecting on, why are they so rampant?

I hope that our relevant departments will increase the crackdown on this group, and hope that these people can be really eliminated, so that consumers can have a safe environment. As this woman, I think he should also be very cold, and he wants to help farmers sell some products, but he didn't expect to be sued by these people. The impact is really very bad, so for these people who want to help farmers, will everyone dare in the future?

I hope that our relevant departments must severely punish these professional anti-counterfeiters, so as to play a good warning role. At the same time, I hope that more people can take the right path to make a living, and not survive through this way of extortion and deception, which is really very cheap.

The purpose of cracking down on counterfeiting is not only to claim compensation, but to better maintain market order and financial order, and make our diet safer.

The court of second instance made a final judgment, holding that the cooked food sold to Xin by the delicatessen involved was bulk food, not pre-packaged food, and that the production date had been communicated before purchase. Xin, as a professional anti-counterfeiter, did not make a truthful statement in the course of the litigation, and this kind of obviously malicious behavior should be negatively evaluated by the law, and the judgment was against him.

The final result of the second trial was that the female Internet celebrity won, because all he sold was bulk food, and the production date was communicated in advance.

In the end, the woman's trial was won, and she didn't need to pay as much money as a professional anti-counterfeiter, and she could continue to work as a carry.