Intellectual Property Procedural Conflict Of The Crossed Case Of Civil Law And Criminal Law

The cross between civil law and criminal law in intellectual property cases has attracted much attention from civil litigation jurists and intellectual property jurists in recent years.Intellectual property rights in civil and criminal cases cross is a kind of "atypical" civil law and criminal law cases form,in judicial practice,the judicial personnel often encounter about how to intellectual property rights in civil law and criminal law cases in jurisdiction and unified standard of proof scale to determine the problem,but related the theory of the study on the system of norms can not form effective coverage.Specifically,there is no uniform standard for dealing with the cross cases of intellectual property,civil law and criminal law,and there is no clear scale or basis for judicial jurisdiction,judicial procedure and justice.In this paper,the concept and connotation of intellectual property rights in civil law and criminal law cases comprehensively summarized,in-depth analysis of "criminal law civil law" or "civil law criminal law after" processing mode,and to explore ways in the future "unified on civil law and criminal law cases treated with standard three one trial of intellectual property trial mode.The first chapter is a combination of civil law and criminal law cases in the existing research,to limit the definition and concept of intellectual property rights in civil law and criminal law cases,clear the characteristics and types of its contents.The second chapter mainly expounds the conflict between the practice of intellectual property,civil law and criminal law cross cases,and further discusses the existing conflict contents of intellectual property,civil law and criminal law cross cases from jurisdiction,referee standard and trial mode.The third chapter intends to explore has the traditional intellectual property rights in civil law and criminal law cases of "reasonable criminal law after the first civil law" processing mode and limitations,breaking the original "criminal law civil law" mode,further explore the significance and defects of civil laws after the first treatment mode of criminal law".Finally,On the basis of summarizing and contrasting the two processing modes,the author draws on the processing of the civil law and criminal law cases of intellectual property rights outside the region,and then the prospect of the treatment mode of "civil law and criminal law in one processing mode."The fourth chapter conduct systematic summary on how to deal with the civil law and criminal law cross intellectual property case.Clear conflict jurisdiction in harmony,harmony and justice standard trial mode.