知识产权法与刑事立法、行政违法立法的关系

А. Аmangeldy
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引用次数: 0

摘要

本文分析了规范知识产权相关方面的公法规范。知识产权法作为民法的一个分支,既包括私法规范,也包括公法规范,是一个复杂的立法分支。知识产权受到刑事立法规范和行政违法立法规范的制约。本文对近三年来我国知识产权领域行政犯罪和刑事犯罪的司法实践进行了梳理和分析。因此,有关知识产权的关系不仅受到民法规范的规范,而且受到公法规范的规范,而公法的组成部分是刑法和行政违法立法。法律领域的划分主要从法律规制主体和法律规制方法两个维度进行。同时,并不是一个单独的法律领域独立存在,法律规范彼此密切相关。知识产权法也不能幸免于这种情况,它与其他法律领域相互联系,在创造性智力活动的框架内对社会关系提供法律规范。关键词:知识产权法,刑事立法,行政违法立法,复杂立法分支,公法规范,责任,犯罪,司法实践
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Relationship of intellectual property law with criminal legislation and legislation on administrative offenses
The article analyzes the norms of public law that regulate certain aspects related to intellectual property. Intellectual property law, being a sub-branch of civil law, includes not only the norms of private law, but also the norms of public law, i.e. is a complex branch of legislation. The right of intellectual property is regulated by the norms of criminal legislation, as well as legislation on administrative offenses. The article shows and analyzes judicial practice on administrative and criminal offenses in the field of intellectual property over the past three years. Thus, relations regarding intellectual property rights are regulated not only by the norms of civil law, but also by public law, the components of which are criminal law and legislation on administrative offenses. The division of legal fields is carried out on the basis of two dimensions: the subject of legal regulation and the method of legal regulation. At the same time, not a single field of law takes place on its own, legal norms are closely related to each other. Intellectual property law is not exempt from this situation, it is interconnected with other areas of law, providing legal regulation of social relations within the framework of creative intellectual activity. Key words: intellectual property law, criminal legislation, legislation on administrative offenses, complex branch of legislation, public law norms, liability, offense, judicial practice.
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