Legal Countermeasures on “Online Selling of Fake Commodity”

（Beijing University of Technology，Beijing100124，China）

Abstract：Online shopping has become the important way of commodity transaction today；while enjoying the the ease brought by online shopping，consumers are also facing the dilemma of the“online selling of fake commodity”and safeguarding their legal rights，which is brought by such problems as the specialty of online transaction，the lack of related laws and regulations，the lagged behind mechanism of law enforcement，the not high enough self-discipline，and the low cost of illegal selling of fake commodity. To create the healthy and orderly eco- environment for online transaction，we should，first，perfect such legal system as the Law of E-commerce，and promote the standardized and orderly online transaction；second，we should formulate the coordinated mechanism of online and offline law enforcement，and form the coordinated social situation for that； third，we should formulate the perfect online credit evaluation system，and increase the credit cost of“online selling of fake commodity”；fourth，we should introduce the compensation mechanism with the nature of punishment，and increase the risk cost of“making and selling fake commodity”；fifth，we should lower the threshold for judging the related illegal activities，and increase the cost of related illegal activities to effectively crack down those activities，and guarantee the safety of “online transaction”and consumers’interests and right.

Key words：e- commerce；online selling of fake commodity；safeguard consumers’right；coordinated social governance； punishment mechanism