Research On The Identification Of Illegal Income From Intellectual Property Crimes

China's criminal law protection of intellectual property rights started late?Strengthening intellectual property criminal trial work,to implement the strategy of innovation driven development,promoting socialist cultural power construction,effectively punishing crime to ensure market economy healthy operation is of great significance.Among them,the illegal income is the intellectual property rights of the criminal law and judicial interpretation of common words,but due to our current legislation and the relevant provisions of the illegal income derived therefrom defining standard is fuzzy,only simple text,without a unified standard,in theory and practice circles to the understanding of "the illegal income" is not the same,some will be linked with "sales",some believed to be "illegal profits" part is deducted from the cost of profits.Not sure to the judge in the eyes of the law in the trial practice the specific sentencing operation adds to the difficulty in handling the case.Therefore,it is necessary to study related issues of the illegal income.Criminal trial practice,this article from the intellectual property rights relating to the reality of the illegal income confusion of interpreting the connotation of the illegal income,the amount of the illegal income recognized the problems existing in the process,and using the case study as the backing,of the illegal income determination of intellectual property crime,elaborates the specific standard,the cognizance of the specific method is put forward.This article is divided into four parts.The first part is the overview of the illegal income.The connotation of the illegal income.The main research analysis of the concept of the illegal income,the related theory in criminal law,legal characteristics and criminal law and criminal law in the field of intellectual property rules.The second part is case analysis,list the two specific cases in trial practice,put forward the same crime in judicial practice,but the illegal income standards of different will directly affect the question of whether the defendant constitutes a crime and crime felony light.The third part is the intellectual property rights in criminal field about the current rules of the illegal income derived therefrom and problems existing in the practice of specific analysis.Mainly elaborated the current rules is not unified,single computing standards and practice will be "sales" and "the amount of illegal profits" as the disadvantages of the illegal income amount applicable standards lead to do not have a unified standards.The fourth part puts forward intellectual property crime in the path on the solution of the illegal income standards,put forward at the same time of the legislation standard,combined with the specific case,according to the different charges apply corresponding calculation standard,according to local conditions and the intellectual property crime of seven analysis as to the specific calculation standard.Through the suggestion for the research of theory and practice,for intellectual property rights in the field of criminal illegal income that provide a method of using for reference.