Infringement Of Intellectual Property Crime Research

This newmillennium is called the time of intellectual property, and the law systems of the intellectual property right are acting an important role in the social economy life today. However, accompanies with the prosperity, the crimes against the intellectual property rights have risen to be a serious kind of crimes against this system. Therefore, the author attempts to study this interdisciplinary issue from another angle of view, and augues for some proposal to build a reasonable system of the judicial standard and the penalty disposes.This article divides into three parts.First part, the concept of the crime against the intellectual property right. The author defines the concept of this kind of crimes first, after that, the author points out that the intellectual property right is kind of a new civil right of the property, only then correctly realized this point, can we correct the tradition idea on this item called " management". This is the foundation and the logical beginning of the discusses to the crime against the intellectual property rights .Second part, the constitution of these kinds of crimes. the author discusses the constitution of the crimes against theintellectual property. 1st, the subject of these crimes-thelegal person takes the mainly part of these crimes , only when recognizes this characteristic clearly, can we understand how to build a suitable penalty methods system. 2nd, the subjective aspect, the author discusses if it is reasonable to claim in our penal code that the crime intent is the essential part of the constitution of the crime against the copyright, and ,according to the articles of our criminal law, the subjective aspect of the crime against the business secret requires including negligence, the author suggests that it is inappropriate, and discusses that should we cancel that and unifies the subjective aspect of crime in to "intent" . 3rd,...