On The Criminal Protection Of The Intellectual Property

The system of the present protection of the intellectual property of our country ,can be divided into administrative protection of the intellectual property and judicial protection of the intellectual property by the functions and powers of the state organization of exercising protection. The latter include the civil protection of the intellectual property and the criminal protection of the intellectual property. On the system of the criminal protection of the intellectual property, being based on the traditional classification, the article, from another angle, will reorganize the resources of the system and arrange the method of the protection of the intellectual property again. On the protection of the intellectual property, the selective method of the protection of the intellectual property can be divided into the protection according to the right and the protection according to the power by the source of the right or the power of the protection of the intellectual property and the initiative or the passive of the protection of starting and implementing. The protection according to the right consists of the legislative protection of the intellectual property and the civil protection of judicature of the intellectual property; the protection according to the power is composed of the protection of the administrative law and the protection of the criminal law. In our country, the criminal protection of the intellectual property, is a part of the protection according to the power, and go through a course of growing out of nothing and from imperfection to relative perfection. We know that the criminal law is made up of the standard of the criminal offence and the penalty. The standard of the criminal protection of the intellectual property is not an exception. Therefore, on the criminal protection of the intellectual property, it is certain that the thesis is basis of the criminal offence and the penalty. The paper aims at, by recognizing and comparing the institute of the criminal offence and the penalty of the criminal protection of the intellectual property, analysing the chief cause of the criminal offence and the puzzling of the current penalty, putting forward the legislative formulation of the categorization of the penalty .The paper is divided into nine major parts: Part â… ,introduction. In this part, the author brings out the cause of the subject, and summarizes the present situation of the research home and abroad, and fixes the direction of the research of the paper, and points out the method of the paper applying, and explicates the aim of the paper. Part â…¡,the selective method of the protection of the intellectual property. In this part, the author arranges the system of the protection of the intellectual property by the view of system, and puts forward the concept of the protection according to the right and the protection according to the power. So, it deepen the recognition of the position of the criminal protection of the intellectual property. Part â…¢,the origin of finding out the criminal protection of the intellectual property. In this part, the author applies the method of ethics to finding out the origin or the significance of the criminal protection of the intellectual property. Part â…£,historical investigation of the criminal protection of the intellectual property of China. In this part, the author learns the germination, the appearance, the development and the present situation of the criminal protection of the intellectual property of China through historical method. Part â…¤,the legislative examination of the criminal protection of the intellectual property of others major countries in the world. In this part, the author summarizes the installation of the name of the crime and the content of the penalty of the criminal protection of the intellectual property. Part â…¥,the comparison of the criminal protection of the intellectual property ofmajor countries and regions all over the world. In this part, the author compares the criminal protection of the intellectual property...