Research On The Trial Mode Of "Antecedents First And Then Penalties" Under The "Three Trials And One" Trial

Intellectual property "three trials in one" refers to cases involving intellectual property in criminal proceedings,civil proceedings and administrative proceedings concentrated in the same court or court.The trial mode of such centralized trial is called "triple trial in one" trial mode.This model is an inevitable trend under the big intellectual property structure.The new model puts forward new requirements for the trial form of criminals,and it has exclusiveness to the two trial forms of "prison before criminals" and "coexistence of criminals and civilians".In the logical progression of intellectual property cases,the three necessary stages of occurrence,initiation and trial of the case all show that the civil procedure precedes the criminal procedure with its reasonableness.In terms of exclusivity,the bottom-up "three trials in one" trial model reform highlights the importance of civil trial,meaning that the existing intellectual property trial forms have been unable to meet the development of judicial trials of intellectual property cases,"prior punishment followed by citizens" The trial form should be reformed accordingly.On the premise of the case that the case is handled by a single tribunal(or court),the trial form of “combination of criminal and civilian” is too wasteful of scarce judicial resources,which is not conducive to the saving of intellectual property judge resources.At the stage of the case,comparing the elements of intellectual property crimeand the elements of intellectual property infringement,it can be seen that intellectual property infringement is a necessary process for intellectual property crime.From the perspective of case initiation,intellectual property rights holders have a pre-determined status in civil litigation or criminal litigation,and civil litigation procedures are more in line with the true intentions of the right holders to stop losses and protect rights,and can also save intellectual property rights in a timely manner.Timeliness of intellectual property due to characteristics.From the perspective of truth discovery,compared with public security and procuratorial organs,intellectual property rights holders will collect evidence in a more timely and convenient manner.At the trial stage of the case,the trial logic of "identification of intellectual property rights-infringement comparison-determination of infringement amount and plot" is also an inevitable civil procedure that the case cannot avoid.Therefore,"prior to the criminal" is more suitable for the "three-in-one" trial mode of intellectual property rights than "prior to the criminal" and "coexistence between criminal and civilian".As for "prior to punish people" and "coexistence of criminals and civilians",whether it is from their form origin or from the perspective of the "triple-in-one" trial model is not the best choice for intellectual property trial.The doctrine of "combination of criminals and citizens" was put forward from the perspective of the division of cases based on legal facts.The doctrine of "prison before citizens" was an inertial choice of judicial practice,but both of these doctrines are disconnected from the current intellectual property rights trial model.At present,China ’s reform of the “triple-in-one” trial mode of intellectual property rights should be reformed in the construction of a substantive unity of intellectual property courts(or courts)to change the case trial form of the “big civil trial pattern” and build “big knowledge” "Property trial structure";secondly,in terms of improving the number of collegiate benches,drawing on past experience,ordinary first-instance cases can use three collegiate benches,major and difficult cases can use five-person collegiate benches,and second or fifth-person collegiate benches can be used.At the same time,strengthen the institutional connection between civil procedures and criminal procedures,clarify the effectiveness of evidence,factual determination,and verdict effectiveness in civil proceedings on criminal proceedings,and determine the parties ’right to choose procedures;finally,strengthen the talent team and deal with existing judges The team adopts the introduction of internal talents,improves the injection mechanism,and strengthens the training of relevant talents,so as to promote the emergence of judges with high comprehensive quality,expand the collegiate bench team,and improve the comprehensive level of judges in handling criminal,civil,and administrative cross cases.