侵犯注册商标专用权犯罪中几个关键问题研究

现有的调整和规制假冒注册商标和销售注册商标的商品等犯罪的法律条文及司法解释在实践中被暴露存在诸多问题,如证据标准问题、犯罪既遂与未遂问题、罪数形态不明等问题,不仅无法满足打击和预防新形势下侵犯注册商标犯罪的客观需要,而且给公安司法机关带来法律适用上的困惑,同时也与尊重和保障人权相违背。必须结合我国法治现状及刑事法律规定,综合打击犯罪和保障人权价值功能的要求,对相关规定予以修改、完善。

Research on some key-issues about crime on registered trademark rights

The laws and judicial interpretations we now have to adjust and regulate the crimes of counterfeit registered trademark and sales registered trademark are exposed to have many defects in the practice, such as problems in the standards of evidence, the attempt and accomplishment of a crime, the unknown quantity of crime and in other aspects. The laws and judicial interpretations that remain such problems can not satisfy the objective needs to combat and prevent infringement of registered trademark under the new situation, as well as bring confusions to public security and judicial department when they attempted to implement the laws. Meanwhile, it goes against the respect for and protection of human rights. Therefore, the relative regulations should be revised and improved under the consideration of the current situation of the rule of law in our country and the regulation of the criminal law, satisfying the need of the value function to combat crime and protect human rights.