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A Study On The Legal Cross In The Crime Of Selling Infringing Copies

Posted on:2020-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y L ShaoFull Text:PDF
GTID:2416330599962282Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Under the background of comprehensive rule of law,legislation and judicial practice need to be continuously optimized and adjusted.The development of the market economy has great dependence and demand on the law,and the development of the market economy has also put forward new requirements for the optimization and adjustment of the law.The protection of intellectual property rights is particularly important in the general environment,where the crime of selling infringing copies is a crime that can easily occur in intellectual property crimes.Among them,substantive and procedural laws and other cross-cutting issues are even more confusing.This article will elaborate on the cross-cutting issues involved.This article is divided into four parts.The first part mainly introduces the related problems of the crime of selling infringing copies.The second part mainly introduces the legal intersection of the crime of selling infringing copies,explains the legal intersection of the crime,clarifies its meaning,introduces the manifestation of legal intersection,and analyzes the legal intersection of the crime from the perspective of jurisprudence.The third part mainly introduces the identification of several main factors in the crime of selling infringing copies,such as sales behavior,infringement,different identification of replicas,and the different effects that their identification will have on the crime.The article also analyzes the significance of the principle of exhaustion of power in the determination of the crime,and also analyzes and explains the influence of time and region on the crime.The fourth part mainly introduces the procedural issues arising from the intersection of the laws of the crime,as well as the burden of proof and the rules.Finally,the conclusion of this article is put forward.In order to solve the problem of the legal intersection in the application of the crime of the sale of infringing copies,it is not only necessary to make legislative efforts,define the key legal terms,but also to make efforts in judicial practice.It is necessary to improve the standards of judicial practice.At the same time,it also needs the state to coordinate the laws and procedures applicable to the establishment of the crime,balance the administrative and judicial powers,and make the utmost efforts to solve the cross-cutting issue of the application of the law for the crime of selling infringing copies.
Keywords/Search Tags:Crime of Selling Infringing Copies, Legal Intersection, Judicial Determination, Constitutive Elements, Rrocedural Issues
PDF Full Text Request
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