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近年来,侵犯知识产权犯罪案件数量增多,审判工作难度不断提高,稀缺司法资源与快速增长司法需求的矛盾日益凸显。刑事和解制度是兼顾公平与效率、缓解司法供需矛盾的新路,目前尚未应用于侵犯知识产权犯罪审判实践。从法经济学理论的角度分析,侵犯知识产权犯罪适用刑事和解具有内在合理性。在此分析基础上,建议以司法解释形式建立此项制度,明确其适用范围、原则、阶段、程序和管辖等。
In recent years, the number of criminal cases of intellectual property infringement has increased, the difficulty of trial work has been continuously raised, and the contradiction between the scarcity of judicial resources and the rapidly growing judicial needs has become increasingly prominent. The system of criminal reconciliation is a new way to balance the fairness and efficiency and ease the contradiction between the judicial supply and demand. It has not yet been applied to the trial of crimes of infringing on intellectual property. From the perspective of the law and economics theory, it is inherently reasonable to apply criminal reconciliation to the crime of infringing on intellectual property. Based on this analysis, it is suggested that this system should be established in the form of judicial interpretation, and its scope of application, principles, stages, procedures and jurisdiction should be clarified.