Research On Criminal Legislation Of Intellectual Property Under The Background Of New Era

China's 19 th National Congress report “Making China a country of innovators.Innovation is the primary driving force behind development;it is the strategic underpinning for building a modernized economy.” The national economic development strategy and the United States launch trade with China in the field of intellectual property.The war has put forward higher requirements and standards for the protection of intellectual property rights in China,especially the protection of intellectual property rights in China at the legal level.Although China's patent law,copyright law,trademark law and other intellectual property laws and regulations have been revised and adjusted along with the actual situation of China's intellectual property development,China's intellectual property criminal law has not been much revised since the 1997 Criminal Code revision.Changes,therefore,in the field of intellectual property criminal law protection in China,there is a narrow scope of protection in criminal law,the design of crimes and the development of China's intellectual property rights and the actual situation of China's economic development,the types of penalties and the scope of application of penalties need to be adjusted and revised..Therefore,this paper starts from the current situation of intellectual property protection in China's intellectual property rights,the current trend of intellectual property criminal legislation in China,and the research on intellectual property criminal legislation under the framework of common law,civil law and international treaty,and the existence of criminal legislation in China's intellectual property rights.The problem is analyzed,and the basic ideas for solving the problem are put forward in a targeted manner.Then,according to the basic idea,the issue of perfecting the criminal legislation of intellectual property rights in China is carried out.This paper mainly studies and discusses the criminal legislation of intellectual property rights in China,including the following five parts:The Introduction is mainly about the current academic views on the protection ofintellectual property rights in China and abroad and the different legislative status.It points out the background and research significance of the article,and explains the innovation of this paper in analyzing the problem.The first chapter discusses the status quo of China's intellectual property criminal legislation and the current trend of intellectual property criminal legislation.It mainly consists of two parts.The first part elaborates on the status quo of China's intellectual property criminal legislation,its problems and the judicial vacancy caused by the defects of China's intellectual property criminal legislation.The second part expounds the current criminal legislation trend of intellectual property rights in China,and recognizes the current efforts made in China to improve the criminal legislation of intellectual property rights.The second chapter analyzes the criminal legislation of intellectual property rights under the common law system,the civil law system and the national treaty from the perspective of comparative law,discusses the relevant regulations and systems suitable for China's national conditions,and proposes legal transplantation.Related recommendations.The third chapter is aimed at the above problems and defects in the criminal legislation of intellectual property rights in China.It proposes the basic ideas of solving and perfecting from the perspectives of crime system design,sin threshold setting and crime system configuration.The fourth chapter carries out the concrete development of the basic ideas for solving and perfecting the problems and defects of intellectual property criminal legislation proposed in the previous chapter,and proposes specific solutions and solutions for improving the criminal legislation of intellectual property rights in China.Through the research of the above five chapters,this paper analyzes and demonstrates the problems and defects of China's intellectual property criminal legislation in detail,and puts forward the basic ideas and solutions for solving the problems.