Qualitative Research on Knowing and Buying Fake Behavior from the Perspective of Relativism of Violation of Law
In examining the criminal law characterization of the act of knowing and buying counterfeits,the relativistic theory of lawbreaking should be adhered to as the prerequisite for judgment,and the presence or absence of civil rights should be included in the analysis of specific constituent elements.When making a determination of criminal li-ability for an act,it is important to exclude the influence of non-constitutive elements.The source of illegality of the purpose of illegal possession is the absence of civil rights,and the establishment of the objective behavior of extortion should take into account the illegality of the means itself.Consumers in the field of food and drugs know fake still have the right to claim,report,expose to the media means itself is not illegal,so knowing and buying fake behavior in principle does not establish the crime of extortion.
knowledge of counterfeitingextortionrelativism of violationsworthlessness of conduct
万方数据
维普
