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Research On Intellectual Property Crime Criminal Reconciliation

Posted on:2016-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:W R HuangFull Text:PDF
GTID:2296330479994512Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Currently,there are many problems in the judicial practice of intellectual property crime cases. For example, investigation difficulties,prosecution mode can not be effective convergence, the different standards of court filing,criminal incidental civil lawsuit unable to provide effective relief to victims,the total amount of intellectual property crimes have increased year by year. It can be said that relying solely on "torture heavy penalties" approach is difficult to achieve the purpose of management of intellectual property crime. We need to find another gentle and effective way to deal with.Using criminal reconciliation system to deal with cases of intellectual property crime, which could provide this dilemma a new way, help to achieve justice and efficiency in the case of intellectual property crime,also to implement the criminal policy of combining punishment with leniency, strengthen the construction of our intellectual property rights system.In this paper, Firstly, analysising the concept and characteristics of intellectual property crime criminal reconciliation,and overviewing practice of western states intellectual property crime criminal reconciliation.Secondly,on the one hand,analysising the basic theory in detail.On the other hand,analysising the need of victim,offender and society,also our cultural factors, policies and laws so as to arrive that it have a practical necessity and feasibility to introduce the criminal reconciliation system to deal with intellectual property crime cases. Finally, from the aspects of substantive law, procedural law, supporting systems etc. to concretely build intellectual property crime criminal reconciliation system, in order to balancely protect interests of country, perpetrators and victims.
Keywords/Search Tags:intellectual property crime, criminal reconciliation, rationality, system building
PDF Full Text Request
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