Criminal Application of Intellectual Property Infringement

Author: Zhao Rui Gang
Publisher:
Publish Date: 2006-04-01
Features: Criminal Law is a fundamental law of our country, serving as a powerful tool to combat crime, protect human rights, maintain social stability, and promote economic development. It is closely related to every citizen and unit. The revised Criminal Law has been in effect since October 1, 1997, nearly eight years now. With the passage of time, numerous new situations and issues have emerged in its implementation; new crimes have continuously appeared, and existing crimes have constantly evolved in terms of methods and forms. The Standing Committee of the National People's Congress has promulgated multiple amendments to the Criminal Law and legislative interpretations, while the Supreme People's Court and the Supreme People's Procuratorate have issued a series of judicial interpretations to address relevant issues in the implementation of the Criminal Law. It is essential to correctly understand and apply these newly promulgated legislative interpretations and judicial interpretations in judicial practice, to more accurately use the Criminal Law to combat new types of crimes and crimes in new forms, and to effectively and promptly exercise the social order protection and human rights protection functions of the Criminal Law. At the same time, since the implementation of the Criminal Law, the theoretical community and the judicial community have conducted in-depth and detailed research on it, achieving rich theoretical research results. How to conduct an in-depth and systematic summary, induction, and research of these achievements and fully apply them to judicial practice, especially in the investigation of criminal cases, to guide practical work and serve the frontline of case handling, is also very important. To better study and organize criminal law theory and to better guide and serve judicial practice, we have compiled the series "Judicial Application of Individual Crimes in the Criminal Law." The series addresses new situations and issues that have emerged in judicial case handling practice since the implementation of the Criminal Law, adhering to the close integration of theoretical research and judicial practice. It conducts an in-depth, comprehensive, and systematic study of the key, difficult, and controversial issues in individual crimes under the Criminal Law, making it a practical series that "focuses on judicial practice and serves the frontline of case handling"; a reference book that helps public security and judicial personnel fully and correctly understand individual crimes under the Criminal Law and promote the improvement of case handling quality. The series is guided by the basic theory of the Criminal Law, based on frontline case handling practice, and centered on the key, difficult, and controversial issues, adhering to the close integration of criminal law theory and judicial practice. It elaborates on the key, difficult, and controversial issues of individual crimes from the perspective of judicial practice. Through the analysis, reasoning, and argumentation of individual crimes, it resolves difficulties and clarifies doubts, providing guidance and reference for the frontline of case handling, helping case handlers to correctly grasp and understand the key points of individual crimes in case handling, and enabling them to correctly analyze and handle the difficult and controversial issues in case handling. The series highlights practicality. It achieves the connection between theory and practice, relying on typical cases in judicial practice, and based on the Criminal Law provisions, legislative interpretations, and judicial interpretations, it studies and analyzes the key, difficult, and controversial issues in judicial practice, combining typical cases to explain and clarify them theoretically, providing theoretical guidance for the correct application of law in criminal judicial practice. The series emphasizes accuracy. That is, the discussion of each issue, especially the viewpoints proposed for controversial issues, must be supported by legal, theoretical, and practical evidence. Novelty: The content is novel: the series is based on the latest laws, regulations, legislative interpretations, and judicial interpretations, using the latest theoretical research results to analyze and solve practical issues. The format is novel: it adds a detailed table of contents to help readers quickly find issues of interest or need, and no longer discusses individual crimes in terms of the four elements, but directly studies the key, controversial, and difficult issues in the application of the Criminal Law. Practicality: The series relies on typical cases in judicial practice, based on criminal laws, regulations, legislative interpretations, and judicial interpretations, to study the key, controversial, and difficult issues in the application of the Criminal Law, providing practical theoretical guidance for criminal judicial practice. Accuracy: The discussion of each issue is both legally and theoretically grounded, as well as practically grounded.