销售假冒注册商标商品罪的“销售金额”问题研究

A Study of Problems of the Vendition Amount in the Crime of Selling Goods Bearing Counterfeited Registered Trademarks

虽然理论界对销售假冒注册商标罪这一刑法中的传统罪名已有较多研究,但是新时代下新问题依然层出不穷,而"销售金额"是认定假冒注册商品罪的关键,也是解决新问题的难点。文章从"销售金额"的定位问题谈起,对确定销售金额的方法以及与销售金额有关的犯罪形态问题作出重点论述。

Although many studies have been done on the traditional crime of Selling Goods Bearing Counterfeited Registered Trademarks, there are still some new problems needing to be discussed in current time. The vendition amount is not only the key to convict crime and also the difficulty of solving the new problem. In this paper, from the problem of the confirmation of the rendition amount, the author makes an in - depth discussion on the amount calculation and the criminal patterns related to vendition amount.