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Research On The Amount Of Standards In The Crime Of Infringement Of Intellectual Property Rights

Posted on:2017-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y XiaoFull Text:PDF
GTID:2356330485999999Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
From the perspective of China's criminal law and related judicial interpretation,the legislature and the judicial organs mainly to the "crime amount standard" to the crime of infringement of intellectual property rights of conviction, sentencing. At present, there are at least five kinds of standards about the amount of crime that infringe upon intellectual property rights in our country. Have to say, so many kinds of "amount standard" in specific judicial practice operation is likely to increase the difficulty of handling personnel, For example, when faced with a criminal case, there are several standards can be applied at the same time, the investigators should be how to screen? Our judicial practice is also very likely because the calculation method of the amount of the standard is not unified, and then the serious phenomenon of judicial injustice. On is discussed based on the amount of various standards, applicable to the case, we should clear amount standards applicable to the logical order, we would also like to "other circumstances recognized as a violation of intellectual property crime is another important standard, in addition, we should also aim to improve on infringement of intellectual property crime in the legislation structure and mode, to look forward to improve China's criminal law for intellectual property crime crackdown.
Keywords/Search Tags:Criminal law, Intellectual property rights, Standard of criminal amount
PDF Full Text Request
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