A Study On The Trial Procedure Of Civil And Criminal Intersection Cases Of Intellectual Property

With the continuous development of the digital economy,difficult and complex intellectual property cases across multiple fields continue to emerge.In recent years,in order to realize the intensive trial and precise force of the judicial organs in intellectual property cases,and to strengthen the judicial protection of intellectual property,China has made great efforts to explore the pilot reform of the "three trials in one" model of intellectual property,and has formed some successful experiences for promotion.However,at present,the overall implementation effect of the "three trials in one" of intellectual property in China is not significant.In the process of reform and development,there are conditions such as unsmooth procedural connection and inadequate procedural cooperation,which increases the difficulty of integrating civil,administrative and criminal procedures in intellectual property cases.Through the research methods of literature analysis,empirical research,comparative research,and institutional analysis,this paper follows the research idea of "problem research-procedure optimization" and takes the trial procedure of civil and criminal cases of intellectual property rights as the logical center for research and discussion.The reason why the civil and criminal overlapping phenomenon of intellectual property cases is obvious is that the logical starting point is the convergence of the mitigated illegal monism and legal norms.At the same time,the public-private complex nature of intellectual property cases also aggravates the existence of this phenomenon.At the present stage,the trial organization in China has the progressiveness of the trial logic and the conflict of the trial procedure in the trial of the civil and criminal cases of intellectual property.The trial process has shown the transition from "general trial" to "special trial",from "separation of the three trials" to "integration of the three trials",which provides the theoretical and practical basis for the study of the trial procedure of the civil and criminal cases of intellectual property.Procedural issues and substantive issues complement each other.On this basis,clarifying the civil and criminal boundaries of intellectual property cases is of great and effective significance for enhancing the accuracy of procedure selection and improving the adaptability of property rights protection.By demonstrating the internal differences between the civil and criminal legal norms of intellectual property cases,this paper proposes a method of demarcation based on the objective elements for the first time and the subjective elements for the second time,with a view to assisting the breakthrough of procedural difficulties from the substantive perspective.The incompatibility in the trial procedure of the civil and criminal cases of intellectual property rights has become the pain point and difficulty in the reform of "three trials in one",which is embodied in three aspects: first,there is a conflict between "punishment before the people" or "punishment after the people" in the trial mode;second,there is a conflict between the level jurisdiction dislocation and the regional jurisdiction separation in the jurisdiction court;third,there is a conflict between the civil and criminal property disposal and the evidence system with different standards in the trial,The resolution of these three conflicts will be a strong guarantee for the substantive realization of "three trials in one" in intellectual property cases.Based on the investigation and analysis of the handling methods of civil and criminal cases of intellectual property rights in the United States,Germany and Japan,combined with China’s national conditions and practical experience,this paper puts forward the innovation of trial procedures.As far as the trial mode is concerned,we can innovate the mode of "both civil and criminal",and select the mode of "punishment before the people" or "punishment after the people" according to the needs of the case.As far as the court of jurisdiction is concerned,in the case of civil and criminal conflicts,it can be based on the principle of civil jurisdiction,coordinate the professional jurisdiction,and realize the unified jurisdiction of civil and criminal cases of intellectual property rights.As far as the trial standard is concerned,the parties should be given the option to dispose of property,and the rules of mutual recognition of evidence in civil and criminal procedures should be unified to promote the substantive progress of "case integration".To sum up,we should start with the trial procedure and solve the conflict one by one,with a view to promoting the real integration of civil and criminal cases of intellectual property.