On "invention And Creation,technological Innovation" In The Condition Of Commutation

"Invention and creation,technological innovation" is one of the conditions for the commutation of criminal law in China.Invention and creation,technological innovation "in this article is not the original text of the law,but a general term for the relevant creation or innovation technical provisions in the commutation of criminal law in our country.It has theoretical and practical significance as a commutation condition,and the current "invention and creation,technological innovation" in the commutation condition in China has problems in many aspects.In terms of legislation,the current overall structure of Article 78 of the Criminal Law is not conducive to the refined operation of commutation,and the provisions of "invention and creation,technological innovation" are unreasonable.This article believes that Legislation should optimize the structure of Article 78 of the Criminal Law and specify the specific situation of "meritorious performance".In addition,"invention and creation" should be divided into "outstanding achievements" and "significant" two levels as the "meritorious performance" and "significant performance" situation.In terms of judicial interpretations,the current judicial interpretations are unreasonable with regard to "invention and creation" and "technical innovation".This article believes that judicial interpretations should separately stipulate "invention and creation" and "technical innovation" in legislation,and "invention and creation" can be stipulated as "inventions or utility models in which criminals independently or mainly completed and obtained relevant patentcertificates during execution Or design." The " technical innovation " can be defined in the scope of legal benefits provided by the relevant departmental law according to the concept of the commutation system.In terms of judicial determination,the current judicial determination has different rules and operations for the determination of "invention and creation,technological innovation".This article believes that judicial determination should clarify the gradual determination rules for "invention and creation,technological innovation",establish an identification system and clarify the required certification materials based on the type of "invention and creation,technological innovation" and the conviction attributes of criminals.