The appearance of fake and shoddy goods in modern society has a history of more than one hundred years. The mid-19th century was a period of rapid development of British industry and commerce, and it was also the most serious period of counterfeit and shoddy goods flooding. After the war, Japan, Taiwan Province Province and other countries and regions also experienced similar situations in the economic take-off stage. How much do you know about fake and shoddy goods in China? What has been investigated is only a small part of the iceberg floating out of the water. There are about 1 million boxes of counterfeit brand-name cigarettes every year. Tobacco counterfeiting is a well-caught industry, and only 1%-2% of them are investigated. In 1993, Dongfeng Motor Company conducted an investigation based on user complaints. In that year, there were 2, fake Dongfeng cars. According to the company's estimation, there were about 2, fake Dongfeng cars assembled in China. The proportion of counterfeit famous liquor in real liquor has remained high in previous years. As for the counterfeiting of a large number of brand-name clothing and the inconsistency of fiber products, it has basically not been investigated. Therefore, it is estimated that at best, only one tenth of the fake and shoddy goods in the market have been investigated, and a report in People's Daily even estimated that only one twentieth of them had been found out.

1. Fraud driven by interests

In the past few years, as long as they can muddle through in the competitive market, some people will mix bricks and sand into cotton bags for sale; Make saccharin, pigment and essence into "soda" and sell it along the street; They will sell the "famous" liquor blended with methanol to those who are hosting a new wedding banquet and entertain guests from all sides; 5% starch and 5% talcum powder will be mixed and pressed into various "antibiotic" tablets to deceive pharmacists, doctors and patients; It will also paste other people's trademarks on its own shoddy products, pretending to be famous products, and so on. Under the highly planned economy system, the government directly and comprehensively intervenes in the economy through mandatory planning. The government is the direct and concrete organizer of national economic development, and it is also the subject of property rights and interests, while enterprises are the appendages of government agencies. Produce what? How much is produced? According to what quality standards to organize production? How to sell the products? And so on, arranged by the state mandatory plan, the circulation of products is uniformly allocated by the state, and the market system is basically closed. The enthusiasm of enterprises and workers has not been brought into full play, especially in the era of short-term economy, when the level of productivity is low, the outstanding problems of products at that time are small variety, poor quality and low grade.

Market economy is a competitive economy, an efficient economy and a differential economy. Under the condition of market economy, enterprises are the main body of property rights and interests, and the pursuit of profit maximization is the goal of enterprises and the key to their vitality. The market economy is like an invisible whip, whipping the producers of commodities all the time to pursue that individual working hours are lower than socially necessary working hours, and to obtain maximum output with minimum input. The market system is open, and the market economy has really mobilized the lever of personal interests and stimulated people's strong desire to get rich. This leads to two possible tendencies: the vast majority of enterprises and workers study the market demand, constantly develop marketable products, strengthen management, and compete fairly, justly and legally, so as to realize their own interests. On the contrary, very few people forget about profit, ignore law and morality, and use poor equipment, cheap migrant workers and cheap raw materials to get rich. The principle of valuing profit in market economy also lurks the value orientation that induces people to forget the righteousness, which leads to the emergence of money worship and extreme individualism. "If you want to make a fortune, you must rely on fake Maotai." The cost and various expenses of a bottle of fake Maotai are only 2 yuan, but the price can reach several hundred yuan, and the profit is staggering. A hand-made fake "Hongtashan" cigarette costs only 1 yuan, and the price of authentic cigarettes can reach nearly 1 yuan in the market. In some small commodity markets in Zhejiang, the price of a fake bottle of Lyddam cosmetics is only a few yuan, and the price of selling it to Anhui and other places is as high as tens of yuan. A batch of fake pesticides seized in the suburbs of Zhengzhou cost 2, yuan per ton, and the price is as high as 5,-12, yuan per ton. The more the counterfeiters work, the greater the profits, the more energetic they work, and the darker their hearts are. Just as Marx quoted a passage from Toyonen in Das Kapital: "Once there is a proper profit, capital becomes bold. If there is a 1% profit, he will guarantee to use it everywhere; With a profit of 2%, he becomes active; With a profit of 5%, he dares to take risks; For 1% profit, he dares to trample on all human laws; If there is 3% profit, he dares to commit any crime, even risking being hanged. " (The Complete Works of Marx and Engels, Volume 23, page (829))

It can be seen that before a good economic order was established, the profit-seeking nature of the market economy often led some people to adopt the fraudulent behavior of making and selling fake goods under the temptation and drive of huge profits. It should be said that it is impossible for any society to completely eliminate fraud, but under an effective system and a civilized society, fraud will not be easily succeeded. At present, our country is still in the transition period from the traditional planned economy system to the socialist market economy system, and there are many weak links in the immature market, which enables fake and shoddy goods to breed and spread.

second, the supervision of market subjects is weak

every producer and operator who is in the commodity market is the subject of the market and the subject of interests. In order to maintain the normal market order, it is necessary to strictly examine the qualifications of relevant parties entering the market, strictly restrict those who are not qualified to enter the market, and ensure the legitimacy of market subjects. Any producers, operators and other market participants without approval and registration, and economic organizations and individuals without business licenses are not allowed to enter the market. In industrialized countries, the prospective market participants should also have the ability to produce and sell qualified products. It should be said that in recent years, China has made great progress in the supervision of market players. However, there are still three shortcomings in supervision:

1. The supervision of various professional commodity market operators is not in place. Some professional commodity markets are places and distribution centers for fake and shoddy goods. In the fourth quarter of 1994, the State Bureau of Technical Supervision conducted spot checks on the products of five bearing markets, namely Wafangdian in Liaoning, Dingzhou in Hebei, Linqing in Shandong, Luqiao Town in Zhejiang and Wenling. Among them, Wafangdian Market, which has established a quality supervision station, has a qualified sampling rate of 81.1%. None of the products in the three markets, Linqing, Luqiao Town and Wenling, which are left unchecked, are qualified, and counterfeit bearings can be found everywhere. What trademarks are needed can be affixed at any time. Before the ban, in Hebei Wuji pharmaceutical market, rows of pharmacies didn't get the license of pharmaceutical trading enterprises issued by the medical and health departments at all, and they only needed to spend money to get the business license. A box of Niuhuang Qingxin pills produced by Tianjin Darentang cost 25.6 yuan, which can be bought by 1 yuan in this market. The person in charge of Darentang Pharmaceutical Factory found fake Niuhuang Qingxin pills after six visits to Wuji.

2. The supervision of township enterprises, individual enterprises and block enterprises is not in place. This is the "source" of the current flood of fake and shoddy goods in China. Those who make and sell fake goods often take "time escape", that is, they fight again and make a comeback; "escape from space", "clear the field" or shoot a gun for a place. One of the most important reasons for the fraudulent sale of fake and inferior light industrial machinery, which occurred at the junction of Fujian and Zhejiang provinces, was the neglect of examination of some enterprises. In less than half a year in 1992, a county opened 34 light industrial machinery factories that did not have the conditions to produce qualified products, all of which participated in fraudulent sales of fake and inferior machinery. This lesson reminds people that it is necessary to strengthen the examination of all kinds of industrial and commercial enterprises before opening and the strict supervision after opening.

3. The supervision of state-owned commercial enterprises is not in place. Over the years, a considerable number of state-owned commercial enterprises have not paid enough attention to their own commercial reputation. In order to pursue short-term benefits, a few state-owned commercial enterprises rent counters and booths by individuals, and lessees or contractors often buy goods from wherever the goods are cheap, which is an important reason why fake and inferior goods are on the elegance of state-owned stores. According to the Law on the Protection of Consumer Rights and Interests, Wang Hai obtained double indemnity by buying fakes frequently in some big shopping malls in Beijing, which shows that there are obvious omissions in strict control of purchase, storage and sales in state-owned big shopping malls, and some of them deliberately cheat consumers in order to obtain illegitimate profits.

from the social environment, for a period of time, people often only pay attention to pursuing material interests and neglect moral and cultural spirit in economic activities, and "money fetishism" has led to the decline of moral standards. Especially in China, where the commodity economy is underdeveloped, there are a large number of small commodity producers with low cultural quality, and they lack understanding of the economic order of the market and the moral norms, laws and regulations for maintaining the normal operation of the market; Small production methods lead to information occlusion, which limits their vision; Short-sighted, so that they are keen on short-term behavior, "catch a thing" and engage in "one-shot business"; Not doing business according to law, just getting rich, but making illegal profits by drilling empty holes. They can be seen everywhere in the underground dens of counterfeiting, the urban-rural fringe with weak supervision, and the commodity trade distribution center. Making and selling fake and shoddy goods by fraudulent means constitutes the most suitable means of competition and a "shortcut" to amass capital at this stage. Others think that when the quality of citizens of a social club is not very high, and some of them do not have enough ability (financial, human and technical strength) to develop new products, making fake and shoddy goods often becomes an important means for representatives of backward productive forces to survive. Of the 85 counterfeiters detained and tried in a county of Anhui Province, 91% are self-employed and unemployed. From January to October 1993, among 149 criminals put on file for investigation by Zhejiang procuratorate, 122 were self-employed and unemployed, accounting for 81.9%. China is a country where various economic sectors coexist. The number of small commodity producers is larger than any other country, and a small number of them have become a "new force" in the team of counterfeiting and selling fake goods. Obviously, if China wants to make great progress in curbing fake and inferior commodities, the serious problem is to educate and supervise the vast number of small commodity producers.

Third, the supervision of market competition is weak

Fair competition is a basic principle of modern market economy. This principle shows that all kinds of economic entities have equal opportunities to participate in market activities, exchange and compete equally. Without equal and fair competition, there can be no normal market order. At present, the abnormal phenomenon that real goods can't compete with fake goods, good goods can't compete with inferior goods, and a large number of famous products are squeezed out of the market is due to unfair competition. Among them, especially the "kickback" phenomenon in the purchase and sale of goods is the "killer weapon" used by counterfeiters in unfair competition. The counterfeiters use money to clear the way in sales, with various names and means, such as cash rebate, high-grade gifts, tourism, house decoration, lottery and so on. Among the "kickbacks", the drug trade is especially serious. According to reports, the national drug rebate is only 1%, and the country loses 8 million yuan every year. The proliferation of "kickbacks" has made some sellers lose the opportunity to participate in fair competition. Secretly "kickbacks" flow into personal pockets in large quantities, which breeds corruption. Twenty-four self-employed people in Bobai County, Guangxi, have sold tens of millions of yuan of drugs in Kunming in five years, giving gifts to the pharmacy directors and buyers of 19 medical units, ranging from 2, yuan at least to 1, yuan more and 1, yuan individually. The head of the pharmacy department of a hospital received a "kickback" of 53,933 yuan from seven units, and was sentenced to 1 years in prison after being found out; After the case of the pharmacy director of another hospital, 3 grams of gold were found from his home, and the sofa cushions were full of banknotes. High "kickback" is an important reason to induce buyers to purchase fake and shoddy goods.

The promulgation of the Anti-Unfair Competition Law is a powerful weapon to combat unfair competition in business activities, and the implementation of the law needs a process. At present, hidden off-balance-sheet kickbacks are still flourishing in commodity sales, lacking a fair competition market environment, and "kickbacks" are the catalyst and lubricant for the marketing of fake and shoddy goods in the world.

to sum up, the transformation from the traditional planned economy system to the socialist market economy system will inevitably lead to the imbalance and weakening of the established supervision and restriction mechanism under the planned economy system, and it will take a long time and process to form and play a role in the new supervision and restriction mechanism that meets the needs of the market economy. The weakening degree of social supervision and restriction mechanism determines the severity of the breeding and spreading of fake and shoddy goods. The coexistence and stalemate of the two systems lead to many contradictions, frictions and loopholes in economic life. Therefore, the repeated prohibition of counterfeit and shoddy goods is a unique social phenomenon in the early development of market economy, which has occurred to varying degrees in many developed countries and regions in the world during the transition period of modernization.