The Problem Of Fake And Inferior Clothing Is Still Outstanding.

In recent years, although our regulatory authorities at all levels are cracking down

The product has invested a lot of energy and has achieved some achievements. However, as the means of counterfeiting and counterfeiting are constantly being renovated and still have great concealment, the problem of fake and shoddy clothing is still outstanding.

In May 20, 2012, Li Qing, a farmer in Chenzhou who was deeply concerned by all circles of society, sold a fake brand sweater for a case of "sky high penalty".

"Li Qingfan was sentenced to fixed-term imprisonment for the crime of counterfeiting a registered trademark in four years and six months, and the penalty was nearly 2 million yuan."

Although this result is ten times less than that of the first instance, it still causes heated debate.

A farmer's false sweater "dream of making money"

Guiyang county is located in the southeastern part of Hunan Province, adjacent to Guangdong province and bordering Chenzhou, Hengyang and other places.

This time, the intermediate people's Court of Inner Mongolia Erdos tried and sensed the sale of counterfeit goods.

Li Qing, the litigant, was born here.

With his vision of future life, he went to Chenzhou, near Hunan, and rented a shop numbered 2043 in the two floor of Fumin shopping center, which was engaged in the distribution of clothing products.

However, with the intensification of competition in China's garment industry, a large number of foreign trade clothing enterprises have begun to get involved in the domestic market, as well as the in-depth differentiation of the garment industry.

It can be said that the clothing industry, whether retail or wholesale, has not done so well in the early days of reform and opening up.

Under such circumstances, some of the operators of the garment industry began to "tilt their brains" and hope to get rich overnight, including Li Qing, the "high price fines" case.

In August 2010, Li Qing bought 30 thousand sets of trademark brands known as "Ordos", "Heng Yuan Xiang" and other famous brands of woolen sweaters to earn acquaintance with Zhou Jinzhu in business in order to earn huge profits.

Later, Li Qing bought more than 2 pieces of "white blouses" from other places.

Then he ordered the sewing of the counterfeit trademarks to be made on this batch of white blouses.

In this way, Li Qing packaged the "white blouses" into famous brand sweaters and put them in the shops in fuming shopping malls.

At the same time, he also used the Internet to sell in a well-known online shopping website in China and micro-blog.

For the identification of fake and inferior clothing products, the experts pointed out that they can be roughly divided into the following situations.

First, counterfeiting international and domestic famous brand products, which are currently popular in the market; two, the false content of fiber components; because of the high cost of making natural fiber products, some manufacturers and dealers are making efforts in the content of ingredients in order to earn high profits; three, forge factory names, produce locally manufactured foreign products, and forge foreign production in their own country; four, it is unclear that the use instructions are unclear; in accordance with the provisions of the "standardization law", the instructions for the use of clothing are mandatory standards; five, the content of toxic and harmful substances exceeds the standard, such as formaldehyde exceeding the standard.

However, although most of the products are sold through the Internet, fake brand sweaters are after all sold.

In recent years, with the increasing awareness of consumers' rights protection in China, some people began to report everywhere after buying the fake sweater made by Li Qing.

At the same time, there are consumers online posting to condemn his wrongdoing.

The so-called "network of heaven and earth" is not too loose.

It is these online shoppers' tireless reports, which subsequently drew close attention from the police in Ordos City, Inner Mongolia.

After careful investigation, in December 15, 2010, the Ordos police went to Hunan thousands of miles away.

In cooperation with the economic investigation team of Beihu sub Bureau of Chenzhou Public Security Bureau of Hunan, Ordos police arrested Li Qing's shop in Fumin shopping center.

After the spot check, the police seized 4351 counterfeit Ordos sweaters at the price tag of 2180 yuan in Li Qing's shop on the spot, and 17403 counterfeit Ordos sweaters at each price tag of 1680 yuan, and 4433 counterfeit "Heng Yuan Xiang" sweaters of 968 yuan each at the tag price.

Later, Zhou Jinzhu, who sold the trademark of the fake brand sweater to Li Qing, was also arrested in Tongxiang, Zhejiang.

Li Qing was later sentenced to 5 years' imprisonment in the first instance of the intermediate people's Court of Ordos City and was fined 21 million 510 thousand yuan for his crime of counterfeiting a registered trademark.

Zhou Jinzhu was sentenced to 4 years in prison and a fine of 70 thousand yuan.

Along with media coverage and some websites' hype, Li Qing's dream of making a fortune has been shattered. At the same time, the "sky high penalty" has also aroused concern and discussion in all aspects.

For a time, the case of the original manufacture of fake and shoddy clothing was also bubbling with excitement.

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A story of "sky high penalty"

In fact, in our country

From plagiarism to counterfeit famous brands has always been a "old and difficult" problem.

If a large number of "OEM" production enterprises exist, because the development of China's clothing industry is still in the primary stage, then the plagiarism and Shanzhai phenomenon popular in the domestic clothing industry are the fatal blow to the immature clothing design industry and the retail clothing channel.

This kind of illegal behavior not only causes huge economic losses to the relevant garment enterprises, but also has a huge impact on their brand appeal and brand image.

Some unidentified consumers will inevitably have a distrust of counterfeit clothing products after subconsciously buying such brand sweaters such as Li Qing.

After the case of "sky high penalty" was reported by relevant media, there were two positive and negative arguments.

The party who supports the court's judgment clearly shows that only when the fake penalty is severely punished can the necessary deterrent effect be achieved, which can effectively prevent the rampant spread of counterfeit goods.

Once the counterfeit is caught, in addition to criminal penalties, the economy should be fined to its ruin.

Whether it is clothing, food, pharmaceutical industry to crack down on penalties for counterfeiting traders is an effective way, only in this way can we better purify our consumption environment.

The party who opposes a huge penalty is not opposed to strengthening the crackdown on the manufacture and sale of fake and shoddy clothing products.

Their main idea is that punishment should consider the possibility of collecting a fine. If the punishment is not practicable, it will damage the credibility of the law.

To be fair, the 21 million 510 thousand fine is almost certainly not for Li Qing, a small clothing dealer.

This can not help but remind us of the judgments of some famous cases in the Anglo American countries, which are often imprisonment for a hundred or eighty years or even hundreds of years, but they are also of great symbolic significance, because criminals can live on the day they are released from prison in accordance with the verdict.

However, what deserves our attention is that our country adopts the continental law system, while Britain and the United States adopt the marine law system.

The prominent feature of the marine law system is the use of popular jury. The maintenance of legal procedures is completed by judges.

Whether a criminal is guilty is determined by a jury composed of people.

The civil law system is based on judges to complete the maintenance of procedural justice and to determine whether a criminal is guilty.

To put it simply, our country adopts the enumeration system to specify what can or can not be done.

There is no doubt that our country is judged by the judge in accordance with the law.

Just as all parties continue to post posts on the Internet or pass their views through the media, they argue endlessly.

Li Qing, a litigant in the case of "sky high penalty", filed an appeal on the second day after the sentencing of the first instance, and then the Inner Mongolia Higher People's court accepted the case.

Subsequently, the Inner Mongolia Higher People's court held that the facts of the trial of first instance were not clear and the evidence was insufficient. In accordance with the provisions of article 189th (three) of the criminal procedure law of the People's Republic of China, the Criminal Decision of the intermediate people's Court (2011) of the intermediate people's Court of the Ordos intermediate Criminal Law No. third was revoked, and Li Qing's case was sent back for retrial.

The retrial sent the case of counterfeit and shoddy clothing products, which attracted nationwide attention because of the "sky high penalty", became more complicated and confusing.

In April 25, 2012, the case was reopened in the Erdos intermediate people's court.

Along with some new evidence submitted by both parties, such as the key evidence to record the number of computers sold.

As well as the two sides around Li Qing's presence in the case of meritorious performance, such as the focus of controversy, proof and cross examination.

The context of Li Qing gradually became clear.

In May 20, 2012, the Erdos central hospital identified Li Qing guilty of counterfeiting registered trademarks and sentenced him to imprisonment for four years and six months, and a fine of 1991859 yuan.

Although the retrial has reduced about 10 times the fine, nearly 2 million of the fine is still an astronomical figure for Li Qing and his family.

It is understood that the crime of counterfeiting registered trademarks is a violation of the State Trademark Management Regulations, without the permission of the registered trademark owner, using the same trademark as the registered trademark on the same commodity, the larger amount of illegal income or other serious acts.

In order to better protect the right to exclusive use of trademarks, safeguard the legitimate rights and interests of consumers, and maintain the normal order of market economy, the provisions on the statutory penalty for counterfeiting registered trademarks in China's newly revised criminal law have increased considerably compared with the original provisions of the criminal law.

For example, the original statutory maximum sentence of 3 years' imprisonment shall be increased to 7 years' fixed-term imprisonment, and the application of fine penalty and free penalty shall be changed to merge or apply alone.

The purpose of doing so is to increase the punishment for the crime of counterfeiting registered trademarks.

In this whole case of "sky high penalty", there is still a place where we should pay attention to law enforcement and evidence collection.

This is the most controversial issue in the debate on the number of Li Qing's fake sweaters.

According to the situation shown by the Public Security Bureau of Ordos City, in December 15, 2010, when our bureau searched the two floor of the Fumin market in Chenzhou, Li Qingchen seized 2043 items of shops. The suspect, a large number of people, was blocking the shops and obstructing the execution of the law. In order to avoid accidents, the investigators took Li Qing to the police station, resulting in Li Qing himself unable to sign the spot on the list of seized goods.

Li Qing's view was that when the police searched the market on the same day, a large number of counterfeit sweaters sold the shop and fled. The police counted all the counterfeit sweaters that had been investigated on Li Qing's head.

Although there are some differences between the two sides, it is easy to see from the description that at that time there was a real "riot" in the scene.

This is the fact that there are unidentified masses of the masses and some businessmen who have ulterior motives.

Erdos police worry that the scene is out of control, and the suspect takes the opportunity to escape and take it away from the scene quickly.

However, because Li Qing did not sign the evidence on the list of seized items on the spot, he also handed over the case to the procuratorate later, and brought some troubles in the court's proof and cross examination.

How to strengthen the skills of investigation and evidence collection is not only a problem faced by the law enforcement departments, but also worth studying and solving in depth.

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Thinking goes on.

Anyway, the fact that Li Qing made and sold fake and shoddy brand cardigan is clear.

No matter when and where the crackdown on counterfeiters is made, the masses are applauding.

However, the case has been re examined and sentenced, and it also gives consumers a satisfactory explanation.

However, the thinking it brings to us is far from over.

At present, Internet sales seem to have become the hardest hit areas of fake and shoddy products.

From clothing shoes and hats to bags and leather shoes, it can be said that there are hardly any famous brand products without "crooked" goods.

We are condemning those who are interested in the counterfeiting of counterfeit goods, and at the same time, we can not help regreting that some of our consumers are still happy to know that they are fake.

Why the spread of counterfeit goods on the Internet is largely due to the fact that some consumers are just covet the cheap and give them some living space.

In early May this year, a kindergarten teacher in Sichuan was browsing the shopping website.

Accidentally saw a website organized by a couple T-shirt group buying activities.

The original price of 128 yuan, known as young, fashionable, with a dazzling pattern, comfortable fabrics, fine workmanship in 2012, a brand new style couple suit now only 29 yuan a piece.

The seller also promised that if the purchase of more than 2 items was done at once, the whole country would mail it.

Such a beautiful T-shirt, such a low price, how can not let the teacher heartbeat.

For young girls who are keen on shopping and are familiar with the clothing market.

She knows very well that the price of 29 yuan per piece can not be bought even in the local clothing wholesale market or even on the stalls.

So the teacher did not hesitate to buy one for himself and her boyfriend.

In this way, you can express your admiration and save a postage.

A few days later, two T-shirt lovers arrived.

But in the routine cleaning before wearing, she found that the two dark colored clothes were disappearing.

However, due to the lack of knowledge about clothing quality.

She did not take the matter to heart, and put it on after drying.

What she did not expect was that after a few days' skin wearing, a lot of red tiny lumps appeared on her skin.

The sudden discomfort on the body made the Amy teacher panic and hurried to the hospital for examination.

After a "look at the smell," the doctor told her that once the clothes fade, the pigment is also a contact allergen for the skin.

It may also cause skin allergy. If skin allergy is caused, it will appear erythema when it is lighter.

But doctors can only prescribe the symptoms of her skin.

But it can not help her to determine whether the allergen that causes her red knot is the T-shirt.

In desperation, the teacher can no longer wear this dress, Ann Ann heart to cure the disease.

At the same time, because two T-shirts were worth only more than 50 yuan, she also felt that there was no need to negotiate with the sellers again.

In fact, according to the teacher herself, she had doubts about buying such brand T-shirts at such a low price before choosing these two T-shirts.

But after all, it still failed to resist the temptation of ultra-low price, only to get himself to go to the hospital to find a doctor, but also led to a few days can not go to work.

It is understood that whether the brand clothing products are sold in flagship stores on the Internet or in stores around the world, their prices are basically uniform.

This involves many problems of clothing retailing channels. At present, the brand clothing enterprises have not yet been able to solve them completely.

Therefore, online sales of brand clothing are even due to no cost of rent, utilities and so on.

The price will not be much cheaper than the franchised store.

This teacher in Sichuan has used his personal experience to provide consumers with valuable online shopping experience. It is estimated that she will not make the same mistake in the future.

Because of China's vast territory, economic development is not balanced.

It is a long way to go to fight against fake and shoddy clothing products and to provide a safe and pparent consumption space for the masses.

This requires not only our various functional regulatory departments to work together to increase the intensity of crackdown and maintain a high pressure situation, but also to enhance the knowledge and ability of consumers to distinguish fake and shoddy clothing products, and to pform some unhealthy consumption concepts is also a matter worthy of attention.

Taking the mass line is our consistent fine tradition and an effective way.

As long as consumers are mobilized, fake and shoddy textile and clothing products naturally have no room for their survival.