The Problems Of Gathering Evidence In Criminal Cases Involving Intellectual Property

As a result of the development of the times,crimes of infringing upon intellectual property rights presents new characteristics and regular pattern in the information age.In recent years,China has made long-term reform and exploration in combating crimes of intellectual property rights infringements.The amending of the Criminal Procedure Law and the promotion of "three-in-one integration" have achieved certain effectiveness.However,these problems of gathering evidence in criminal cases involving intellectual property are still existed,which expose new features,such as the limitation of forensic technology,the procrastination of forensic evidence and the difficulties of gathering evidence in regional criminal cases,which leads to difficulties in solving cases and finding truth.It is more difficult to punish the crimes of infringing upon intellectual property rights,which results in the lack of business integrity,the confusion of social and economic order,the moral impact of the whole society.The national industry innovation and development will be hindered finally.The reasons for the difficulties of obtaining evidence in criminal cases involving intellectual property are manifold and multi-angle.First,the criminal case of intellectual property has its own characteristics.Second,the legislation is imperfect and some systems are missing.Third,the system of mutual legal assistance is unregulated.Therefore,we should improve legislation and law enforcement.First of all,clear the condition and procedure of technical investigation,secret investigation and inducible investigation.Secondly,formulate special evidence system to adapt the characteristics of IPR criminal cases and establish diversified technical identification mechanism.Establish criminal litigation evidence preservation system to fix evidence in time and strengthen the transformation effect of administrative evidence,shift the burden of proof conditionally and reduce the certification standards.Thirdly,the construction of prohibition order system and jurisdiction dissent system is also very important.Finally,strengthen judicial cooperation to solve the problem of investigation in cross-regional and cross-border crimes of intellectual property.In addition,the reform of summary procedure and criminal reconciliation system is necessary.