《On the convergence of the inspection and supervision of law enforcement Execution Mechanism（收敛的执法检查和监督执行机制）》由会员分享，可在线阅读，更多相关《On the convergence of the inspection and supervision of law enforcement Execution Mechanism（收敛的执法检查和监督执行机制）（15页珍藏版）》请在金锄头文库上搜索。
1、1On the convergence of the inspection and supervision of law enforcement Execution MechanismAbstracts due to lack of prosecutorial supervision, execution, enforcement of intellectual property cases convergence has not been effectively protected, Yifadaixing scenario emerging. Crack execution key is
2、to strengthen the enforcement of convergence Legal Supervision, and this premise is to establish criminal priority principle; build in a specific system should be based on the main line information sharing platform, improve the relevant legislation and the establishment of early intervention system
3、for prosecution. Paper Keywords convergence of procuratorial supervision of criminal law enforcement execution priority principle of administrative law enforcement and criminal justice track system is a unique mechanism for the protection of intellectual property rights in the fight against intellec
4、tual property crime plays an important role. But with the development of the practice, the mechanism of convergence execution problems have 2become increasingly prominent. Its complex causes, countermeasures must have been a combination of many, but I believe that strengthening the role of the prose
5、cutions legal supervision is essential. First, the need to strengthen legal supervision of Attorney (A) inspection and supervision problems caused by the absence of one. Supervise no coercive power protection lead to Yifadaixing. From a legislative standpoint, judicial and administrative organs of t
6、he relationship between the NPC or its Standing Committee have enacted laws that has the legal basis to be adjusted, but the convergence of enforcement mechanisms on the execution framework mainly by the Big Five File Bi and single administrative regulations, ministerial regulations and other lower-
7、level files, obvious limitations. Among the many laws and regulations, most of the provisions of the convergence mechanism is shown by the mutual cooperation, mutual restraint conditions described evaded exactly how to achieve this effect. If states: constitutes a crime, be held criminally responsib
8、le or find the suspect, and transferred to 3judicial organs. But for how transfer, the consequences are not transferred but did not make any provision, ultimately leading law remain on paper, or a mere formality. 2 passive oversight led to lax supervision. From a practical point of view, the adminis
9、trative law enforcement organs to investigate circumstances of the case does not timely and adequate disclosure, generally only informed the parties and the subject of law enforcement, prosecutors only by law enforcement agencies and the parties to accept the notification of the charges, and other w
10、ays to understand the case reported . Oversee the prosecution filed limited cases to public security organs, the right not to file a public security organ to monitor the situation on the stage of the administrative law enforcement cases lack of oversight. 3 oversight cause incomplete evidence links
11、is not smooth. Authorities to identify intellectual property infringement cases, its focus is the administrative level of punishment, whether the infringement as a crime, since 4the duty of the department is not, constitute evidence of crime affecting less consideration. As the business division is
12、different and professionalism different administrative law enforcement personnel constitute proof of the crime, the evidence standard Zuiyufeizui grasp and understand the differences and other aspects are relatively weak, thus affecting the quality of transfer suspected criminal cases to make certai
13、n This has violated the criminal law of criminal suspects because the evidence collection issue is not subject to criminal prosecution. (Two) Execution enforcement mechanisms for their own needs convergence is generally believed that the convergence mechanism of law enforcement began in earnest in e
14、xecution of administrative protection and judicial protection of the dual track structure. erect such dual track theory is that the adjustment of the object from the point of view, the presence of cross administrative law and criminal law overlap, overlap on the entity determines the administrative
15、proceedings and criminal proceedings inevitably intertwined problems 5when certain administrative violations the degree of harm and infringed the penal law, the administrative violations is converted into a criminal offense, thus the transition to administrative enforcement of criminal law enforceme
16、nt, both organic coordination and convergence programs, namely the outcome of litigation can be avoided conflict, but also conducive to adjust complex social relations. This two-track approach, can make the greatest scope of protection of intellectual property, but on the other hand, from the convergence of two major mechanisms across the administrative and judicial system, administrative law enforcement and criminal justice, the right to t
