侵犯知识产权犯罪研究

加强知识产权保护是我国加入WTO后的一个重要义务.刑法学界对我国知识产权刑法保护问题进行了许多分析探讨,笔者在对各种观点予以评析的基础上,提出现有关于知识产权保护的刑事立法规定基本可以满足实践需要,应维护刑法的稳定性,但对个别细节应予以补充或修改.建议为解决实践中存在的问题,应重在从司法方面予以完善.

A Study on the Crime of Infringing Upon Intellectual Property Rights

The reinforcement of protecting of intellectual property rights is one of the significant obligations of China after its entry into the WTO. Many attempts on the issue have been made in the circle of criminal law study. From the analyses of these approaches, the author suggests that the current stipulation on protection of intellectual property rights in the criminal law, on the whole, meets the requirement of legal practice, and that the stability of the criminal law should be maintained although some details are subject to amendment or supplementation. To solve problems in practice, great emphasis should be put on the improvement of laws.