Study On The Problem Of Intellectual Property Infringement Crime Amount

In recent years, our country criminal cases of infringing upon intellectual property increase, forms of crimes of infringing on intellectual property rights become more and more complicated and diversified, but because our country criminal law protection of intellectual property rights of the history is very short, the legislative and judicial practice are also lack of crime amount, the specific work still has many problems and confusion the. Based on the analysis of criminal law the status and role of the intellectual property crime amount, analysis of the current amount of standard Chinese legal and cognizance, studies some problems and different amount of crime patterns, and finally put forward the legislative proposals.This paper consists of three parts:introduction, intellectual property crime amount. In the crimes of infringing intellectual property rights, the amount of crime as the most important conditions constituting a crime, a crucial role on the conviction and sentencing of the crime of infringing upon intellectual property plays. This part defines the concept of the amount of crime, special leads to crimes of infringing intellectual property rights amount, and further analyzes the status and function of the amount of crime in the crimes of infringing intellectual property rights, which lays the theoretical foundation for the following in-depth research.The qualification of the two, the amount of the crime of infringement of intellectual property rights. Combined with the latest judicial interpretation focuses on attempted crime under the condition of determination of amount and accumulated amount determination. Three, the amount of intellectual property crime legislation suggestions. The amount standard as one of the conviction of intellectual property crime sentencing standards, relatively easy to operate, however, the amount of standards are not always rational. This part the author mainly from the perfect amount of grade and the amount standard pattern of these two aspects of the legislation and put forward some suggestions, finally the unified judicial interpretations on unit crime and individual criminal conviction standard reflection.