Seeking a Good Balance between Flagrant and Minor offences and Heavy and Lenient Sentences:the Right Orientation for Perfecting the Criminal Legislation on Copyright Offences in China
LU Jian‐ping
Abstract
LU Jian‐ping
Abstract
China's criminal law system for protecting IP rights bears its own characteristics, which are closely related to China's political, economic and social circumstances as well as to its criminal law system. The characteristics of crimes, heavy punishment,consequently, lead to a relatively high criminal threshold in our criminal law. As a result, if lowering the criminal threshold of crimes against copyright is to be examined, we have to consider the leniency towards this type of crime and lowering the criminal threshold of other related crimes.
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China's criminal law system for protecting IP rights bears its own characteristics, which are closely related to China's political, economic and social circumstances as well as to its criminal law system. The characteristics of crimes, heavy punishment,consequently, lead to a relatively high criminal threshold in our criminal law. As a result, if lowering the criminal threshold of crimes against copyright is to be examined, we have to consider the leniency towards this type of crime and lowering the criminal threshold of other related crimes.
Key concepts: Criminal law, Legislation, Punishment (psychology), China, Law, Balance (ability), Criminal procedure, Political science