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Rational Analysis of Criminal Settlement and Establishment

Author: LuZuoZuo
Tutor: DingJuan
School: Zhejiang University of Technology
Course: Procedural Law
Keywords: Victim-offender-reconciliation Infringement of intellectualproperty crime System building Integration-shaped thing contract
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 41
Quote: 0
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Abstract


Currently, the infringement of intellectual property crime cases in the judicialpractice, there are many problems, there are many disadvantages of the use ofpenalties, incidental civil action for damages can not properly resolve the issues,intellectual property crime rate increased every year and so on. You can see, just relyon "torture heavy penalties" approach is difficult to achieve the purpose of criminalIPR infringement governance. Criminal IPR infringement cases in order to achievejustice and efficiency of the double value of the implementation of the criminal policyof combining punishment with leniency, strengthen our intellectual property system.In criminal cases of IPR infringement in the use of criminal settlement system, willsolve this dilemma with a new way out.The article is divided into five chapters, namely: the first chapter, an overview ofthe criminal settlement system. The second chapter, an overview of IPR crimes. Thethird chapter, the introduction of the criminal settlement of the consideration of IPRcrimes. The fourth chapter in the criminal IPR infringement settlement systemconstruction. Chapter V, Development and Prospects: Integration of the criminal deed.The article first analyzes the criminal settlement system and the basic situation ofintellectual property crimes, found that they fit high that the settlement system ofcriminal infringement of intellectual property crime cases the introduction of practicalnecessity and feasibility. Then from the main,system elements,related system and soproceed on criminal IPR infringement that may arise in the criminal settlement systemof the system design problems.Finally, the integration of the development of criminaldeeds of view, reconciliation and coordination of criminal plea bargaining system intwo criminal cases of IPR infringement in the use of the intellectual property systemmore conducive to the management of the state and the legitimate rights and interestsof intellectual property protection.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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