The first person in professional anti-counterfeiting： from singles to companies moving from shopping malls to e-commerce

　　Wang Hai, the first professional counterfeiter, went from singles to company, from shopping malls to e-commerce.　　

　　They are a different group of people.

　　They, hiding in the dark, aim at finding fake and inferior products, aim at knowing fake and buying fake claims, and fight wits with merchants. They have come all the way in the debate between unruly people and heroes, from Wang Hai’s purchase of "Sony" headphones in 1995 to anti-counterfeiting claims all over the industry. They are professional counterfeiters.

　　On the occasion of March 15, we focus on professional counterfeiters and pay attention to their footprints in the game with merchants in the past 21 years.

　　Exploring two pairs of headphones and trying to claim compensation.

　　Who would have thought that a short sentence opened a door for professional counterfeiting.

　　On January 1, 1994, the Law of People’s Republic of China (PRC) on the Protection of Consumers’ Rights and Interests (hereinafter referred to as "Consumer Law") was formally implemented. Article 49 stipulates that if an operator commits fraud in providing goods or services, he shall "refund one for one" according to the requirements of consumers. However, at that time, this right protection regulation did not immediately cause much storm, until a year later, a 22-year-old Qingdao boy appeared.

　　In March, 1995, Wang Hai accompanied his relatives to Beijing to take the Chinese Opera Art Examination. In a bookstore at Jiaokou, he came across a book about Consumer Law, and was interested in the clause of "one for refund". With the attitude of giving it a try, he bought two pairs of "Sony" headphones, one for 85 yuan. "At that time, the idea was very simple. If the rights protection was successful, I could get the profit of 170 yuan. If it was unsuccessful, I would keep it for my own use."

　　In the face of rough headphones, Wang Hai started the road of safeguarding rights. Consumers Association, industry and commerce, quality inspection, manufacturers … After a few days, I ate and took a taxi. When Wang Hai settled accounts, even if he succeeded in defending his rights, he "lost a fortune". He was cruel and returned to the place of purchase, bought all the remaining 10 pairs of headphones and continued to complain. However, the process was still not smooth. Before returning to Qingdao, Wang Hai returned all the headphones without compensation. "Get the compensation is a few months later. At that time, the idea of returning goods was that it was not done, so stop loss. "

　　After returning home, the matter was learned by the media, and Wang Hai became a frequent visitor in the newspaper. After consideration, half a year later, he went to Beijing again and officially began to fight counterfeiting. "At that time, the main direction was still relatively simple, mainly all kinds of leather goods, fake leather shoes, fake belts, fake purses, etc., and the profit was 8,000 yuan in a week, which was still considerable." Having tasted the sweetness, Wang Hai also decided to continue his "business".

　　Hot "Wang Hai" from all walks of life killed the shopping mall.

　　With the increasing frequency of anti-counterfeiting, Wang Hai was gradually portrayed by the media as a model of anti-counterfeiting rights protection, which was called "the first person to fight against counterfeiting" by the people.

　　〓 Wang Hai’s behavior also caused accusations from businessmen and some people in the society, but soon, Wang Hai got official support. The State Administration for Industry and Commerce and the Law Committee of the National People’s Congress have expressed their views one after another, saying that the phenomenon of Wang Hai conforms to the established policy and should be affirmed. In November, 1995, under the auspices of China Consumers Association, a big discussion on "Wang Hai Phenomenon" began in the society. Heshan, one of the main drafters of the Consumer Law, also came forward to support Wang Hai.

　　At the beginning of 1996, Wang Hai moved to southern cities and bought fake claims in many big shopping malls. However, the road is not smooth, the merchants are staring at each other, and the local government is indifferent, which makes him have to return in vain. Afterwards, he concluded that he failed because he did not use the weapon of legal proceedings.

　　In December, 1996, Wang Hai co-registered and established Beijing Dahai Business Consultant Co., Ltd., which guided personal anti-counterfeiting to corporate operation. Wang Hai recruited a group of investigators, attacked in many ways and collected clues about counterfeit goods. At its peak, the company had 200 investigators.

　　In the same year, "Wang Hai" from all over the country invariably killed the shopping malls, madly bought fake goods, and held high the claim in Article 49 of the Consumer Law. The first generation of active counterfeiters in that year included: Yang Liandi in Beijing, Zhang Leiluo in Guangzhou, Li Chengji in Tianjin, Wu Sheng in Nanjing and Guo Zhenqing in Shijiazhuang …

　　It is easy to be blacked out when it is cold.

　　After 2000, with the intensification of the social dispute about "buying fakes knowing fakes" and the irregular behavior of some counterfeiters, the public’s doubts about hitting dummies have gradually arisen. That is, at that time, Wang Hai himself was also reported to be bribed by the company that was beaten. For a time, he was regarded as an example of "black eating black". Around 2005, anti-counterfeiting claims fell into a trough, some counterfeiters withdrew from the rivers and lakes, and some fought alone. Wang Hai will extend his tentacles to the property field. Today’s Wang Hai, in addition to counterfeiting, is also the property manager of several communities.

　　With the rapid development of e-commerce, it has also changed Wang Hai’s anti-counterfeiting ecology. In recent years, Wang Hai has gradually asked the company to strengthen the anti-counterfeiting proportion of e-commerce platforms. He revealed that a considerable part of the cases of fake and shoddy suspected fraud cracked down last year came from e-commerce. E-commerce counterfeiting has also brought some minor troubles to Wang Hai. He said that in the past, in a physical store, he could buy fakes at any time, but now online, personal registered accounts have long been blacklisted, and Wang Hai can only register multiple accounts or borrow other people’s accounts to place orders. "Every time you place an order, it is more troublesome and you need to constantly change your account."

　　Wang Hai, who has been counterfeiting for 21 years, wrote in the profile of Weibo that "a street sweeper, whistle blower and citizen prosecutor takes making money as a means and counterfeiting as a purpose". Most of Weibo’s content is related to fakes, counterfeiting and claims. He said that counterfeiting has nothing to do with justice, but a commercial transaction and a fair transaction.

　　After 21 years of counterfeiting, the debate has never stopped. Little known is that the first judgment of the claim for fake purchase actually came from Heshan, the main drafter of the Consumer Law. In 1996, Heshan took the initiative to "try the law by himself" and bought two counterfeit Xu Beihong’s "Ben Ma Tu" in Beijing for 2,900 yuan. Later, he sued the court for 5,800 yuan compensation, which became the first ruling in China to buy a fake while knowing the fake. However, these have not eliminated the social debate on the claim for knowing and buying fakes. Even in court, companies that have been counterfeited often plead that "knowing that buying fakes is not consumption".

　　On October 1, 2015, the newly revised Food Safety Law was implemented, and it was clearly stated that "one will be refunded and ten will be compensated", and it was also stipulated that "1,000 yuan is guaranteed". The spring of professional counterfeiters is coming quietly. Wang Hai revealed that some industrial and commercial personnel he knows who specialize in accepting complaints have devoted themselves to counterfeiting, and former Taobao shopkeepers have also devoted themselves to e-commerce counterfeiting. "In the past, China was an enterprise-oriented society. With the implementation of the new Consumer Law, it began to gradually transition to a consumption-oriented society, which is a great progress." How long can the anti-counterfeiting industry last? Wang Hai said that we have to wait until the day when there are no fakes.

　　Eliminating law and safeguarding rights

　　these years

　　● On January 1, 1994, Article 49 of the Consumer Law stipulated that if an operator commits fraud in providing goods or services, it shall "refund one for one" according to the requirements of consumers.

　　● At the end of 2013, the Supreme Law stipulated: "The people’s court will not support producers and sellers who defend their purchases on the grounds that the buyers know that there are quality problems in food and drugs.". This is the first time that the legal level has affirmed "knowing and buying fakes".

　　● On March 15, 2014, the new Consumer Law was implemented, which increased the compensation amount for "fraud" from "return one to compensate one" to "return one to compensate three" and stipulated the minimum 500 yuan amount.

　　● On September 1, 2015, the "strictest" new advertising law was implemented, which imposed stricter regulations on the authenticity of advertisements, and also made it easy to identify exaggerated promotional products as fraud.

　　● On October 1, 2015, the newly revised Food Safety Law was implemented, and it was clearly stated that "one will be refunded and ten will be compensated", and it was also stipulated that "1,000 yuan is guaranteed".

　　Chief reporter of Beijing Morning Post

　　Yue yilei

　　Reporter Huang Xiaoyu/Wen

　　Yue Yilei/photo