On Improving The Criminal Protection Of Intellectual Property

With the development of knowledge-based economy, the Intellectual Property has become a powerful lever to promote scientific and technological progress, economic development and cultural prosperity. Most countries all over the world have set up a corresponding legal protection system of Intellectual Property, applying various means to regulate the Intellectual Property violations.The criminal protection of Intellectual Property is the most important link of Intellectual Property legal protection, as well as the last line to practically safeguard the interests of Intellectual Property holders. Because of the short history of Intellectual Property criminal protection in China, there is still a big disparity between our laws and the international conventions and legislation in some developed countries. Especially facing the frequent, complicated reality of Intellectual Property criminal cases, our country's criminal law is obviously weak to protect the Intellectual Property. Despite the great number of academic researches about the Intellectual Property criminal protection in chinese educational domain, by the further analysis these researches mostly concentrate on the concrete crime constitution or the supplement of relative crimes and other issues from the microscopic view, but not fundamentally touch on the crux of our country's Intellectual Property criminal protection, namely, its value orientation .The Intellectual Property is a private right, which is the cornerstone of Intellectual Property legal protection, all the regarding protective measures should insist on private right-orientated position. But under the influence of traditional concepts, the guiding ideology of Intellectual Property legal protection in China has long been set down as the national standard, the public rights first. Our country's Intellectual Property criminal protection should take the individual right as the standard standpoint, and establish the scientific concept of private right priority. Based on this, mentioning from the private properties of Intellectual Property, this article explores a series issues about the Intellectual Property criminal protection in China.This article consists of introduction and body text five parts. The introduction mainly summaries the current academic research status on the Intellectual Property criminal protection, comments the insufficiency of the exist research, and initially points out the research methods, angle and the main view of this article; The first part, expounds the validity of Intellectual Property as private properties and the localization of it in the Intellectual Property legal protection, pointing out that the private properties of Intellectual Property has precisely determined the fundamental point of Intellectual Property civil legal protection, the appropriateness of Intellectual Property criminal protection, as well as the construction of the criminal protection system, so as to lay the rationale for the later discussion; The second part, demonstrates the theory rationality and the realistic necessity of Intellectual Property criminal protection.The third part, compares the present situation of Intellectual Property criminal protection home and abroad, and notes the main problems which exist in China; The fourth part, from the private attribute of Intellectual Property, analyzes the value orientation of Intellectual Property criminal protection in China, points out the root causes of the existing problems, namely the deviation of the value orientation of Intellectual Property criminal protection, lacking enough understanding for the private essence attribute of Intellectual Property. We has not grasped the right standpoint in dealing with the obligee private right interests and the national interests of Intellectual Property; The fifth part, taking the private right standard's value orientation as the instruction guide, proposes certain improvement suggestions to our country's Intellectual Property criminal protection, including the renew of legislation idea, the reconstructure of legislation system, the improvement of legislation pattern, the modification of guilty-determine standard, the adjustment of penalty system, the consummation of criminal procedures and so on.Taking the private properties of the Intellectual Property as the breakthrough point of the analysis, this artile combines the Intellectual Property law with the Criminal law theory, in order to improve the Intellectual Property criminal protection system. It can not only further enrich the criminal protection research of Intellectual Property, but also perfect the safeguard mechanism of Intellectual Property obligee legal interests. In a word, it has vital and profound significance.