Research On The Construction Of Criminal Settlement System Of Intellectual Property Unit Crime Cases

The new amendment to the Criminal Procedure Law was passed in March 2012,which established the criminal reconciliation system for public prosecution cases.It is regrettable that the crime of intellectual property units is not within the scope of application of the criminal reconciliation system.Although the protection system for intellectual property crimes has been initially established in China,the theoretical community has not been able to find an effective way to solve the problem of convergence between various prosecution modes of intellectual property crimes.At the same time,the protection of intellectual property crimes in China's criminal law lags behind the needs of the development of the times because the status of the victims has not been taken seriously,which has resulted in the protection of many victims' rights and interests.With the rapid transformation of Chinese society,the number of intellectual property crime cases has increased dramatically,the accumulating rate has been rising,and the efficiency of lawsuits has not been guaranteed.In addition,intellectual property crime cases have the following characteristics:The disputes in the first case are of private interest,and intellectual property rights are fundamentally private rights.Therefore,the protection of case disputes should be a kind of private benefit.Second,the unit defendant is a personified organization and its litigation features are different from those of natural persons defendants.Third,the diversification of criminal dispute resolution programs,IPR unit crime cases are different from other property type crime cases in the degree of legal protection.The implementation of the principle of restraint in criminal law has a very important and positive practical significance for the solution of criminal disputes in the search for criminal cases involving intellectual property units.Based on the characteristics of the above cases,we need to seek a balance between the two in order to simultaneously realize the purpose benefits of combating and deterring criminals from deterring crime and reasonable protection,and compensating for the loss of victims.The criminal reconciliation system can precisely balance the interests of these two aspects from the criminal procedure when dealing with intellectual property crimes,and promote the common realization of the two objectives.The introduction of a criminal reconciliation system to handle intellectual property crime cases can make the protection of intellectual property more modest,and it can also better protect the rights of both parties.It is a win-win result for both parties.In general,the establishment of a criminal reconciliation system for criminal cases of intellectual property rights,the original party theory,the limited agency theory of public power,and the criminal theory of objective criminal education provide the necessary theoretical basis for the construction of the system;the traditional concept of "harmony",The "no litigation" value concept provides a profound ideological and cultural foundation for the construction of the system;the willingness of the parties to reconciliation is the driving force for the adequate operation of the system;and the newly established criminal settlement procedure for public prosecution cases in the Criminal Procedure Law provides a framework for the establishment of the system.Effective system template.The establishment of a criminal reconciliation system for criminal cases of intellectual property rights is of great significance to the extension and expansion of the existing criminal reconciliation system in China.