| At present,China's intellectual property protection is widely affected by domestic and foreign legal issues,which have a considerable social impact on the political,economic,cultural level.It is an objective phenomenon of the rapid trend of strengthening protection of intellectual property criminal law in the field of criminal justice in our country.The criminal theory of intellectual property crime is also widely used to strengthen or expand the intellectual property crime criminal law net demand,knowledge and knowledge in our country.The protection of property rights criminal law has become a more striking phenomenon in China's economic crime."The penalty is a double-edged sword,with the improper is two harm",and the distribution of intellectual property rights and attribution is very complex,start from the criminal law rational spirit and modesty principle,we must be careful treatment of intellectual property system of criminal law to fast Strengthen,ask the rationality and appropriateness,in order to ensure that the criminal law involved in the protection of intellectual property rights.This article is based on the "intellectual property criminal protection" as the core of the main line,start from China's intellectual property crime judicial practice and theoretical research status analysis,a comprehensive analysis of China's intellectual property rights to strengthen the protection of criminal law,which combined the history with international background of intellectual property criminal law protection in China,this paper discusses the rationality and appropriateness of intellectual property criminal law strengthening protection under the international macro development strategy,and puts forward the criminal policy of intellectual property crime in China,combining with specific judicial practice,the crime of intellectual property crime protection,punishment application,operation mechanism.The full text of this article is about 0.27 million words(including comments),which is divided into the introduction,six chapters and conclusions,presented into the structure.Introduction.This part analyzes the complexity of the protection effect of intellectual property rights and analyzes the current situation of criminal law research from the current situation of the protection of intellectual property rights in China.For the intellectual property criminal law to strengthen the protection of the phenomenon and its moderate reflection,China's criminal law academy has not yet been seriously considered,the relevant research is still weak,which is to be strengthened.This paper takes the case analysis and the departmental cross research method to discuss the hot topic of economic crime with considerable theoretical and practical significance.The first chapter,the strengthening of intellectual property protection of criminal law.This chapter aims to sort out the current phenomenon of strengthening the protection of intellectual property rights in our country so as to comprehensively and deeply understand and analyze it.In recent years,China's criminal justice field through the normative judicial interpretation and case application,which has increasingly strengthened the intellectual property rights of criminal law protection and scope,such as reducing intellectual property crime threshold,to take criminal legislation technical measures,the terms of intellectual property rights " Independence " to expand the interpretation of the field of intellectual property crime in the field of a large number of judicial application of illegal business,And the strengthening of intellectual property enforcement efforts to further promote the rapid increase in the number of criminal cases of intellectual property rights in China.From the point of view of theoretical research,the crime of adding intellectual property crimes and the promotion of intellectual property rights are the main voices of criminal law circles in our country,which are characterized by comprehensiveness,comprehensiveness and rights orientation.Theory and practice echoes,in order to make China's intellectual property rights strengthen the protection of criminal law more eye-catching.The second Chapter : Comment on the Strengthening of Criminal Law Protection of Intellectual Property.This chapter aims to analyze the causes and many doubts of the phenomenon of strengthening the protection of intellectual property rights in our country,and introduce the moderation perspective of intellectual property protection.China's intellectual property rights to strengthen the protection of criminal law has its internal and external reasons,the internal cause of China's innovative country's macro-development strategy to promote,the external causes of intellectual property rights in the international trend of intellectual property protection of criminal law to strengthen the protection of the trend of guidance,and since the late 1980 s,the United States takes intellectual property rights at the international level to protect international hegemonic approach,which is to enhance the level of intellectual property protection of criminal protection to China and take a number of measures to promote China's intellectual property rights,which has an important impact on protecting the level of rapid improvement.It is undeniable that there are also many questions about the strengthening of criminal law protection of intellectual property rights,such as the existence of penalty utility,the neglect of the balance of interests,the interpretation of intellectual property criminal law,sports law enforcement and other issues.Vigilance of excessive expansion of criminal law is the promotion of the spirit of criminal law and it should be pursued,but we also want to see the intellectual property protection of criminal law has its rationality,which is to adopt a multidimensional approach to the perspective of autonomy,adhere to the protection of intellectual property rights position.The third chapter,the intellectual property rights of the criminal protection of the multidimensional aspects.This chapter aims to clarify the concept of appropriate protection of intellectual property rights and several related concepts.Appropriate protection of intellectual property rights should be based on the coordination of the process,the reasonable setting of charges,the penalty of the crime,the operation of the judiciary in an orderly manner.Intellectual property rights protection should pay attention to the order of knowledge economy market coordination,adhere to the protection of economic freedom and equal protection,abandon the social control thinking and judicial protection of localism.Intellectual property rights protection should be based on the "private interests",but also pay attention to the protection of intellectual property rights in the "public welfare" factors,adhere to the principle of balance of interests of intellectual property rights and civil protection level.Intellectual property protection of criminal law go in line with the "local" reality of the international conditions,adhere to the autonomy of protection against the dependent protection.The third Chapter,the principle and path of appropriate protection of intellectual property of rights criminal law.This chapter aims to explore the macro-guiding standards for the proper protection of intellectual property rights in China.The criminal policy of temper justice with mercy is the basic criminal policy of criminalizing the protection of intellectual property rights,and the specific criminal policy of intellectual property is closely related to the legitimacy of intellectual property protection.Compared with the theory of labor and property and personality property,it is necessary to make the protection principle of intellectual property right of our country,and to improve the dynamic balance and the two-way response,which is the specific path of protection of the criminal law of our country.Criminal justice explaining for the "copy issued",which is to expand the interpretation of the sale of tortious copy of the crime,in line with the current strengthening of China's cultural industry protection and promote the objective requirements of innovation,and it did not violate the principle of legality,according to utilitarian intellectual property criminal protection position should be be insisted.Due to the limited level of China's economic and social development,according to the protection of intellectual property rights criminal law,trade secrets criminal law should not be based on property rights theory,but should be based on anti-unfair competition theory defined as "commercial secret holders of the market competitive advantage ",So as to clarify the trade secrets " novelty " to judge,the major loss of judicial finds that the separation of employees can be punished and other issues.The fifth Chapter : Specific Investigation and Suggestions on the Moderate Protection of Intellectual Property Law in China(up).This chapter aims to examine the "coordination and appropriateness" and "set of charges" for the protection of intellectual property rights.Based on the criminal policy of intellectual property rights,intellectual property protection of the "coordination of appropriate" should be a steady strengthening,two-way response and dynamic balance;According to the principle of legal protection,intellectual property rights should be set up in a timely manner,but also pay attention to the appropriate scope,and intellectual property development level and social needs to adapt.The sixth chapter : Specific Investigation and Suggestions on the Moderate Protection of Intellectual Property Law in China(down).This chapter aims to examine the "criminal right" and "operational order" of the protection of intellectual property rights.The intensity of intellectual property penalties should not only focus on curbing intellectual property crimes,but also pay attention to maintaining the modesty of criminal law,legal punishment to enhance the threshold of the crime set,fine penalty applies to a reasonable section.The criminal protection mechanism of intellectual property rights should be coordinated with the protection of the people,actively expand interdepartmental efforts mechanism,steadily promote the criminal reconciliation of intellectual property crimes and improve the private prosecution procedure of intellectual property rights.In conclusion.Intellectual property system serve the national macro-development strategy,which is to encourage innovation as an important purpose,intellectual property protection of criminal law is not "right protection" one-dimensional guidance,and must pay attention to the balance of interests and policy adjustments.On the basis of a brief review of the context of this article,this part of the study of intellectual property protection of China's criminal law is more in-depth,highlighting the autonomy and the times,which is to achieve the protection of intellectual property rights of the moderation. |
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