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The Study On The Connection Between Administrative Law Enforcement And Criminal Justice Of Intellectual Property

Posted on:2020-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:J L ShangFull Text:PDF
GTID:2416330602968076Subject:Law
Abstract/Summary:PDF Full Text Request
When economy and society is developing at full speed,intellectual property rights play an increasingly important role.Meanwhile,administrative violations and criminal ACTS on intellectual property rights are also increasing,which requires administrative law enforcement agencies and criminal justice agencies to play their own roles in the administrative protection of intellectual property rights(administrative law enforcement)and criminal protection(criminal justice).,Because the failure to clear the border between administrative protection and criminal protection,the lack of connection between administrative law enforcement and administrative law enforcement,there is the administrative law enforcement organ for infringement of intellectual property crime problems,applicable law enforcement operation is uncertain,"case is not to move,to the penalty punishment" and so on.This article try to analyse the border between administrative protection and criminal protection,discuss the necessity of strengthening the administrative law enforcement and criminal justice,summarize out the entity and procedural problems that exist in the connection between administrative law enforcement and administrative law enforcement.Analyse the administrative Offense character of intellectual property rights,infringement of intellectual property crime characteristic attribute,China's existing administrative structure setting and characteristics of intellectual property rights protection system.In the end,this article puts forward proposals to perfecting the prosecution standard of intellectual property crime,constructing the System of the connection between administrative law enforcement and administrative law enforcemen refining the administrative law enforcement and criminal justice between cohesion,transformation rules of evidence,in the aspect of legal construction of procuratorial authority to supervise,improve the overall level of law enforcement ability and the comprehensive administrative law enforcement organs,strengthen the criminal judiciary responsibility consciousness enhance the level of executing advice etc.,in order to provide some ideas for strengthening the protection of intellectual property rights.
Keywords/Search Tags:Intellectual Property, Administrative crime, The connection of penal code and administrative law
PDF Full Text Request
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