A Study On The Amount Of Crime Of Infringing Intellectual Property Rights

At present,our country has only formulated general norms on the criminal law for the crime against the intellectual property rights.As for the application of law,it mainly stipulates the crime of infringing intellectual property rights in legislation by means of judicial interpretation.Through the analysis and summary of relevant theoretical research and judicial cases,the author finds that there are at least five types On the Amount of Crimes of Infringing Intellectual Property Rights in our country,which causes problems in the determination of the amount standard of the crime against the intellectual property rights in judicial practice,especially when the same case involves multiple types of amounts,how to select the applicable amount standard for the case personnel is the most common situation in the trial of criminal cases of infringement of intellectual property rights.At the same time,in terms of the legal and social effects of judicial workjudicial organs are also prone to different judgments in the same case during the trial of intellectual property infringement cases,which will inevitably cause the parties to be dissatisfied with the judicial decision.The criminal law can not effectively combat and prevent the crimes of infringing intellectual property rights.In view of the above reasons,this article carries on the research from three parts.First,it defines the concept of the amount of crimes that infringe intellectual property rights,analyses the role of the amount of crime in the conviction and sentencing of criminal cases that infringe intellectual property rights,and expounds the types and regulations of the amount of the crime of infringing intellectual property rights from the perspective of legislation.Second,from the perspective of judicial interpretation,this paper probes into the judicial practice according to the different standards of the amount of crimes against intellectual property rights,and in view of the problems existing in each amount standard such as the amount determination and the unreasonable calculation method,this paper makes an in-depth analysis.Thirdly,aiming at the existing problems,this paper puts forward some suggestions on improving the legislation on the amount of crimes against intellectual property rights,which have clarify and unify the criteria for determining the amount of crimes against intellectual property rights,include the amount in the elements of conviction and sentencing,and to add "other circumstance"as the criteria for determining the crime against intellectual property rights.lt makes the legislation system of the crime against the intellectual property rights more perfect and reasonable,so as to enhance the crackdown on the crime against the intellectual property rights in our country.