Causes of counterfeit goods, the difference between counterfeit and shoddy goods

Counterfeit and shoddy products have two meanings: broad and narrow. Counterfeit and shoddy goods in a broad sense, as stipulated in the Product Quality Law. According to the regulations, counterfeit and shoddy goods refer to the production and sale of goods, in violation of the provisions of relevant national laws and regulations, their quality and performance do not meet the requirements of mandatory standards, or fraudulently use or forge trademarks, high-quality product marks, certification marks, production licenses, or items that have lost their use value.

Its characteristics are: First, counterfeit and shoddy goods include counterfeit goods, and second, their legal liabilities may be criminal, civil and administrative. Counterfeit and shoddy goods in the narrow sense refer to counterfeit and shoddy goods that are the object of the crime of producing and selling counterfeit and shoddy goods.

According to the provisions of Section 1 of Chapter 3 of the Criminal Law and Articles 49, 50 and 52 of the Product Quality Law, counterfeit and shoddy goods in the narrow sense mainly include: According to the above provisions, counterfeit and shoddy goods in the narrow sense refer to the goods produced and sold in violation of the provisions of national laws and regulations, and the quality is substandard or has lost its use value. (1) Products that do not meet the national standards and industry standards for protecting human health and personal and property safety; (2) Doping, adulteration, fake as real, shoddy products; (3) Unqualified products; (4) Invalid or deteriorated products.

Jianshu Kai Zhonghua called the People's Republic of China Product Quality Law".

Article 50. If the product is adulterated or adulterated, passed off as real or shoddy, or passes off substandard products as qualified products, it shall be ordered to stop production and sales, confiscate the products illegally produced and sold, and impose a fine of less than 50% of the value of the products illegally produced and sold to less than three times the value of the bridge;

where there are unlawful gains, confiscation of the unlawful gains is to be given;

where the circumstances are serious, the business license is revoked;

where a crime is constituted, criminal responsibility is pursued in accordance with law.

1. Fake and shoddy products.

1. Counterfeit and shoddy goods refer to the production and distribution of goods, which violate the provisions of China's current laws and administrative regulations, and their quality and performance indicators do not meet the requirements stipulated in China's published national standards, industry standards and local standards, and even products produced without standards.

2. Counterfeit products refer to the use of untrue factory names, factory addresses, trademarks, product names, product identifications, etc., so that customers and consumers mistakenly believe that the product is a counterfeit product. Counterfeit products refer to products that are of poor quality or have lost their performance.

2. The State Bureau of Technical Supervision clearly stipulates in June 1989:

1. Invalid or deteriorated goods;

2. Commodities that endanger safety and personal health;

3. Commodities that are inconsistent with the actual indicators;

4. Fraudulent use of high-quality or certification marks and forged license marks of goods;

5. Doping fake, fake for real or old for new goods;

6. Commodities that are prohibited from being produced and sold by relevant national laws and regulations.

3. Whether counterfeit and shoddy products are commodities or not.

1. From a legal point of view, the market economy is a legal economy. The production and sale of counterfeit and shoddy products is obviously an illegal act and should be resolutely cracked down.

2. From a moral point of view, the sale of counterfeit and shoddy products violates the principle of good faith and is an immoral behavior that should be condemned.

Fourth, aside from law and morality, from the concept of commodities alone, it is necessary to look at different situations:

1. If a product itself has no quality problems, but is just a counterfeit brand-name product, it is of course a commodity.

2. If a product itself has quality problems, but it can still be used (such as some inferior clothes), it should also be a commodity.

3. If a product itself has quality problems and cannot be used at all, or seriously endangers the physical and mental health of consumers (such as fake liquor, toxic rice, etc.), it means that it has no use value and is not a commodity.

Counterfeit and shoddy goods refer to the production and distribution of products that violate the current laws and administrative regulations of China. Its quality and performance indicators cannot meet the requirements stipulated in the national standards, industry standards and local standards published in China, and even cannot meet the standards. Production of products.

There is no certificate of inspection or no certificate of license distribution from the relevant organization; The product name, producer and place of origin (important industrial products are not indicated location) are not indicated in Chinese; No time limit specified; Implement production (manufacturing) license management. The license number and expiration date are not shown.

Counterfeit goods are essentially those that contain one or more untrue elements that can lead to misidentification by the general public. It is characterized by unreal causes of volvacin and social harm.

The identification method is: there is no inspection certificate; There is no Chinese indication of the product name, factory name and factory address; Goods that are used within a limited time are not marked with the date of production or expiration date, or the production date or expiration date is forged or tampered with; The production license system is implemented without indicating the production license number; The specifications, grades, main ingredients and contents contained in the goods should be marked but not indicated; It may endanger personal and property safety or is easy to cause damage to the product itself due to improper use, and is not marked with warning signs or Chinese warning saying that the family is suspicious.

Legal basisArticle 140 of the Criminal Law.

Where a producer or seller adulterates or adulterates a product, passes off a fake product as genuine, shoddy or a substandard product as a qualified product, and the sales amount is between 50,000 and 200,000 RMB, a sentence of up to two years imprisonment or short-term detention is to be given, and/or a fine of between 50 and 2 times the sales amount; where the sales amount is between 200,000 and 500,000 RMB, a sentence of between two and seven years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is between 500,000 and 2,000,000 RMB, a sentence of 7 or more years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is more than 2,000,000 RMB, the sentence is 15 years imprisonment or life imprisonment, and a concurrent fine of between 50% and 2 times the sales amount or confiscation of property.

Some counterfeit and shoddy products do not have use value, such as fake drugs, fake and shoddy food, etc., which do not have use value for us, so they are not commodities.

Legal basis: Article 140 of the Criminal Law of the People's Republic of China Where a producer or seller adulterates or adulterates a product, passes off a fake product as genuine, shoddy or a substandard product as a qualified product, and the sales amount is between 50,000 and 200,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention, and shall also be fined not less than 50% but not more than two times the sales amount; where the sales amount is between 200,000 and 500,000 RMB, a sentence of between two and seven years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is between 500,000 and 2,000,000 RMB, a sentence of not less than seven years imprisonment is to be given, and a fine of between 50 and 2 times the value of the sales amount is to be given; where the sales amount is more than 2,000,000 RMB, the sentence is 15 years imprisonment or life imprisonment, and a concurrent fine of between 50% and 2 times the sales amount or confiscation of property.

Legal Analysis: Counterfeit goods are those that contain one or more untrue factors that can lead to misidentification by the general public.

Legal basis: Article 140 of the Criminal Law of the People's Republic of China: Where a producer or seller adulterates or adulterates a product, passes off a fake product as genuine, shoddy or a substandard product as a qualified product, and the sales amount is between 50,000 and 200,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention, and/or a fine of not less than 50% but not more than two times the sales amount; where the sales amount is between 200,000 and 500,000 RMB, a sentence of between two and seven years imprisonment is to be given, and a concurrent fine of between 50% and 2 times the sales amount is to be given; where the sales amount is between 500,000 and 2,000,000 RMB, a sentence of 7 or more years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; Where the sales amount is more than 2 million yuan, the sentence is 15 years imprisonment or life imprisonment, and a fine of not less than 50% but not more than 2 times the sales amount or confiscation of property is to be given.