Analysis On Prosecutorial Discretionary Under The Plea Bargaining System Of China

The legal system of trade name in China is consist of General Principles of Civil Law,Company Law,Anti-Unfair Competition Law and Regulations on the Administration of Enterprise Name Registration.Along with the development of the market economy,the importance of trade name right also was increasingly valued by commercial subject.And trade name right is proven apart of the intellectual property right in the most countries' practices.At present,Chinese legal system of trade name right is to be improved,since issues still exist in many practical aspects.How to carry on the legal protection of trade name right,has become a very important issue.Therefore,developing the research on legal system of trade name right has become the urgent task in legal research and judicial practice.This thesis carries on the study on the present condition of protection about trade name right in our country,draws lessons from the legislative experience of other nations,in order to improve the legal system of trade name right in our country.In addition to the introduction and conclusion,the thesis is divided into five chapters.The first chapter is to research basic theories about the legal system of trade name right.The concept and nature of trade name is premise and sills of this thesis,is also a foundation that builds up the legal system trade name.This part starts from the definition on concept of trade name,The second chapter is to research the legal system of trade name right in China.This part identify that trade name is different from the name,trademark,enterprise name.And it is clear that trade name right is belonged to the scope of intellectual property rights.The third chapter mainly introduce international rules for the protection of trade names.International Treaties such as the Convention on the Establishment of the World Intellectual Property Organization,the Paris Convention,the Intellectual Property Agreement,the Bangui Agreement,and the Model Law on Trademarks,Businesses and Unfair Competition in Developing Countries.The fourth chapter is to research the present protection of two Legislation and International Conventions.It mainly introduce the general provisions,protection provisions,and the rules to resolve the conflicts of rights,in order to provide some lessons to the improvement of the legal system of trade name right in our country.The fifth chapter provides the basic principles of the improvement on the Chinese legal system of trade name right,is also the focus of this thesis.And the theoretical concepts and concrete measures of individual Legislation of trade name right.This part is also the innovation of this text.In view of the shortcomings of Chinese legal system of trade name right,we can increase trade name right in the‘'Trademark Law”.And amending the relevant laws,in order to establish a complete and harmonize legal system to protect trade name right.