Research On Criminal Justice Protection Of Intellectual Property "Three Trial One" Mode

Protection of intellectual property rights in the criminal justice "three trial one" mode, the police, prosecution, courts three authority shall, with each other, checking each other, exercising right of investigation, procuratorial and judicial power.Compared to traditional criminal cases, the infringement of intellectual property crime offenses were intelligent, for public security, prosecution, courts three organs belong to the new types of cases, investigation, indictment and trial experience are in continuous accumulation among the reform work is still facing more problems to solve.The first section to intellectual property "three trial one" reform as the background, the People’s Court in the judicial protection of intellectual property rights in the status and role of intellectual property as well as the "three discrete trial" mechanism operating mode, the focus of analysis from the substantive and procedural "three separate trial ’mode drawbacks, especially criminal and administrative trial in the traditional mode of the existing problems.The second part, from the national court, "three trial one" reform process review, to choose the path of Jiangsu court reform, to implement the reform of Yancheng court explained intellectual property "three trial one" reform influence and infiltration force. Elaborate fully developed "three trial one" reform of advantages, especially on criminal and administrative suits.The third part focuses on the protection of intellectual property rights in criminal justice issues to resolve, from the jurisdiction, transfer to explore other aspects of the investigation of administrative and judicial protection of convergence is not smooth reasons and propose possible solutions, and analysis from a number of substantive issues TORT and criminal dialectical relationship.The fourth part, combined with the establishment of the judicial system and specialized IP courts, comments and suggestions on the new situation under the protection of intellectual property rights of criminal justice reform and improvement of criminal justice in order to protect the "three trial one" mode has benefit.