Studying On The Criminal Policy Of Intellectual Property Crimes

Until now, our country has obtained a very big result in theintellectual property protection, and has walked the road of theintellectual property protection that the western nations needed forseveral dozens years, even on hundred years, and our country hascomprehensively realized the connection with internationality.Thepurpose of this article is to discuss the criminal policy of intellectualproperty crimes, and to propose the rationalization proposal throughanalyzing the present situation and criminal protection of intellectualproperty crime in our country.The article consists of three parts.In Chapterâ… , the author firstly analyzes the characteristics and thereasons of intellectual property crime, then definitions the concept ofthe criminal policy of intellectual property crimes, and summarizes thedevelopment course of the criminal policy of intellectual property crimes,and points out that the value orientation of the criminal policy ofintellectual property crimes is the balancing for the benefit in ourcountry.In chapterâ…¡, the author divides three sections to carry on thethorough analysis to the criminal policy of intellectual property crimes in our country. The first section analyzes the present situation andcharacteristics of the criminal policy of intellectual property crimes,the author thinks that the guiding ideology of current criminal policyof intellectual property crime in our country is "the severe attack", andinducts the criminal policy of intellectual property crimes into theseverities, contradictory, internationality, gradualness and the long-termdisposition unifies four major characteristics. The second section, fromthe criminal legislation, the judicature, the law enforcement obtains,thoroughly analyzes the flaw and insufficiency of criminal protection ofthe intellectual property. The third section, according to criminalpolicy movement path, analyzes the insufficiency in formulation,execution, appraisal process of criminal policy of intellectual propertycrime.In chapterâ…¢, firstly, the author points out that Our country oughtto adopt the criminal policy of intellectual property crimes with "kindness with Severity " in our country, and its thought originates, thereality basis, the rationale, and points out the criminal policy ofintellectual property crimes in our country must be "gently layer onlayer", "the weight union", it means the punishments should be lighterto the slight intellectual property crimes, and should be serious heavierby compared to formerly penalty. Next, the author emphatically elaboratedhow to consummation the criminal policy of intellectual property crimes.The author believes that the key of the criminal policy is the prevention.In the prevention mechanism, the author thinks it can begin fromperfecting the legislation system, strengthening the function of thegovernment, strengthening the judicial protection, and implementing thecomprehensive maintenance of public security, and so on. In the line onpunishment, it can propose consummates the suggestion from attackingcontent, the goal, the penalty execution and the judicial effect on the criminal policy of intellectual property crimes. In the educationpunishment aspect, we should strengthen the intellectual propertypropaganda education, enhance the public legal consciousness; and rectifythe criminal offenders using the community, and make them socialized again;and repair the relationship between the litigants which has been destroyedusing the recoverable judicial process.