Technical-fact-finding Mechanism In Intellectual Property Criminal Procedure

December 31,2014,after the introduction of the technical investigator system in China,there are six Technical-fact-finding ways in the field of civil and administrative Justice of intellectual property: technical Investigators,intellectual property appraisals,technical experts,technical judges,expert jurors and people with expertise,etc.However,in both theoretical and practical circles,few scholars have made a systematic study on the running state of the technical fact-finding system in the criminal procedure of intellectual property,and this paper attempts to explore it.This article is divided into five parts:The first part introduces six Technical-fact-finding ways,including technical judges and expert jurors within the judicial system,technical experts and persons with expertise by external personnel of the justice system,and the defensive ways of the accused in Technical-fact-finding.The second part takes the litigation process as the clue,combs the Technical-factfinding ways that each department can take in the three litigation stage of the investigation,prosecuting and trial.Police can use intellectual property appraisals and technical experts consultation in the investigation stage;the public prosecutor's Office may use intellectual property appraisals,technical experts consultation,persons with expertise in the examination and prosecution stage;The court may use all six Technicalfact-finding ways at the trial.The third part is to analyze the problems existing in the Technical-fact-finding system where six kinds of Technical-fact-finding ways coexist.From the analysis of the existing situation in our country,there are some problems,such as vague definition,unclear subject of responsibility,unclear scope and disunity of standards.In order to improve the quality of case handling in intellectual property cases,the three departments,three departments should work closely together to promote the construction of efficient Technical-fact-finding mechanism.The fourth part is a reflection on the reform and perfection of the Technical-factfinding mechanism of intellectual property rights in China.From improving the technical fact-finding ability of public security organs,giving full play to the examination and supervision function of the Procuratorate,we will finally guarantee the fairness and justice of the technical facts and the outcome of the judgment at the Court stage Under the mode of "three in one" litigation in intellectual property cases,we should actively explore the possibility of translating the results of technical facts obtained in civil and administrative proceedings into criminal evidence.The fifth part is the conclusion.The improvement of the Technical-fact-finding mechanism is not only the coordination and improvement of the six Technical-factfinding ways,but also including the coordination and cooperation of the Technical-factfinding work among the relevant departments.Culminating in the trial as the center,the judicial system works closely together to the technical investigators,the Intellectual property appraisals,the technical experts,expert jurors and persons with expertise coexist in a multi-technical-fact-finding mechanism to improve the efficiency and quality of criminal proceedings in intellectual property.