On The Existive Source Of The Uncompleted Form Of The Crimes Of Intellectual Property Rights Infringement

About the research on whether the uncompleted form of the crimes of intellectual property rights infringement has been existed, the current academic has two perspectives. Firstly, from an overall perspective,research has been made on whether this type of the uncompleted form of the crimes of intellectual property rights infringement has been existed. Secondly, from the specific perspective of crimes, research has been made on whether the specific crimes of intellectual property rights infringement has been existed,or some form of the uncompleted form has been existed. From every point of view,there are two opposing views: positive and negative .The positive view is: parts of the crimes of intellectual property rights infringement have the uncompleted form. The negative view is: the crime of intellectual property rights infringement has no uncompleted form, it constitutes a crime or it is not a crime.The theory source of the uncompleted form of the crimes of intellectual property rights infringement is based on three aspects: the first is the philosophical source, it shows that the uncompleted form of the crimes of intellectual property rights infringement is accordance with the basic principles of Marxism; the second is the jurisprudential source, it shows that the uncompleted form of the crimes of intellectual property rights infringement is the requirement of equity, justice value, the requirement to achieve order and the value of freedom; the third is the criminal source, it shows that the uncompleted form of the crimes of intellectual property rights infringement is accordance with the theory of the definition of crime, of the constitution of crime, and of the stopping pattern of crime.The realistic theory of the uncompleted form of the crimes of intellectual property rights infringement is based on two aspects: the first is the legal source, it shows that the uncompleted form of the crimes of intellectual property rights infringement has the source of international law, fundamental law and basic law; the second is the practice source, it shows that the uncompleted form of the crimes of intellectual property rights infringement is the necessity to protect intellectual property rights, prevent such crimes and strict criminal law, at the same time, the handling of the relevant cases in the judicial practice also shows that the uncompleted form of the crimes of intellectual property rights infringement has been existed.