The Function Of Criminal Law On Protection Of Intellectual Property

As compared with the old and traditional crimes, the crimes of intellectual property rights are recent and new crimes in the field of economy,so they are unfamiliar to Chinese and china' s departments of justice. It can be predicted that it isn' t major task for justical departments to punish the crimes of intellectual property rights recently, and we can' t expect that these crimes be condemned by usual individuals in short-time, because our country is aiming to realize industrialization, not intellectual economy. The focal point of our legal system concerns with materials and so on now. Intellectual property rights are only theorical rights, not practical rights to most of people.In a word, the legal system including criminal law concerned with intellectual property rights is not flawless, thus it is our job to make the intellectual property rights protected perfectly by laws.especialy by criminal law in the futher. With a method of focusing on intellectual economy, the author wants to find a way to protect intellectual property rights which is not only conformable with rules of law but also beneficial to the development of economy. The aim of the author' s ideas is to rethink the question how to protect intellectual property rights by criminal law, and ask for advices from scholars. This article is divided into three parts except for the preface and there are 20,000 characters. The brief introduction is asfollows:Part 1:The content of theory:the necessity of criminal law to protect intellectual economy. Based on the necessity for criminal law to get involved in the intellectual economy, the author analyzes criminal law' s reasonableness and necessity to intervene with the field of intellectual property rights. First, general speaking.it is necessary for criminal law to protect intellectual economy;Second,it is also necessary for criminal law to intervene with intellectual property rights specificly.Part 2: The content of princinples and the limitation for criminal law when geted invoved in intellectual property rights. Based on the content of part 1, the author of this paper respectively deals with it from three aspects:(1)The aim and choice of this field is to balance the profits between society and individual,not only to encourage inventer' s creation but also to make the level of social science advance; (2) criminal law starts only when laws except for criminal law have lost function to wrong conducts on intellectual property rights;(3)The legislator shall pay close attention to the question weather the departments of justice execute the criminal law on the crimes of intellectual property rights.Part 3:The analysis of legislation and how to reform criminal law in order to make it perfect. The author rethink the legislation of criminal law on the crimes of intellectual property rights and try to resolve it' s flaws. There are three important questions: (l)the flaws of criminal ization; (2)The shortcomings of the method concerned with legislation; (3)The drawbacks of punishment and how to reform them .