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Intellectual Property Crime Penalty Configuration

Posted on:2009-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:X L DuFull Text:PDF
GTID:2206360245952776Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Intellectual Property Crime is called'economy drug', because it can bring substantive profits upon little cost, and it is diffusibily. Serious intellectual property crime will cause very bad influence to our country. Now the intellectual property crime happens very frequently in China. Our government, our judge and our scholar care about how to control the crime very urgently. Protecting intellectual property effectively is very important to us,'The World Factory of the 21st Century'.There are many regulating manners in every law nomocracy society, and penalty is the severest one of them, penalty is the last safeguard of our society. As the important part of criminal system, the consummating of penalty system is interrelated of the developing of the whole criminal system. There are some immoderate provisions about our penalty collocating of Intellectual Property crime. I will study how to design new penalty items of penalty on intellectual property crime in this article, the tenet is to discuss how to punish, defend and control the crime more effectively. I hope it can be good to ensuring the constructing of innovative country.This article is composed of four parts. The first one is the summarization of intellectual property crime and penalty. The first part is basal theory of the article.The second part introduces the history and actuality of penalty system on intellectual property crime in China, then points out the deficiency of our penalty system.The third part designs the freedom penalty, fine penalty and qualification penalty detailed. The last part solves the problem. The scenario is that: maintaining the article for freedom penalty, but applying it prudentially, advancing the status of fine penalty, and consummating probation, etc, adding qualification penalty to different criminal. At the same time, for the most benefit of our country, we should adjust our penalty system on intellectual property crime based on the situation of our country and the current of the penalty of the international society.The article researches the penalty system of crimes against intellectual property mainly, at last designs one system for them. At the same time, the article also pays attention to the universality of penalty in our criminal law in order to provide some consultation for the whole criminal system.
Keywords/Search Tags:Intellectual Property Crime, Penalty, Freedom Penalty, Fine Penalty, Qualification Penalty
PDF Full Text Request
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