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在当前经济形势下,加强知识产权司法保护日益受到各级司法机关的重视。然而现阶段在司法实践中还存在着办案人员缺乏专业知识,行政执法与刑事司法衔接不畅,以及相关法律适用存在疑难等问题。如何适应新形的发展,提高基层检察院知识产权刑事司法保护的实效,成为亟待研究的新问题。本文从完善办案工作机制,加大知识产权犯罪打击力度,完善行政执法与刑事司法相衔接,严格掌握法律适用界限等方面提出对策建议,以期对基层检察机关开展知识产权保护工作有所参考。
Under the current economic situation, strengthening the judicial protection of intellectual property is increasingly valued by judicial organs at all levels. However, there are still some problems in the judicial practice such as the lack of professional knowledge of case-handling staff, the poor connection between administrative law enforcement and criminal justice, and the difficulties in the application of relevant laws. How to adapt to the new shape of development and improve the effectiveness of criminal judicial protection of intellectual property at the grassroots level prosecutors has become a new problem to be urgently studied. This paper puts forward countermeasures and suggestions on how to improve the working mechanism of case handling, intensify the crackdown of intellectual property crimes, improve the connection between administrative law enforcement and criminal justice, and strictly control the application of law. It is hoped that some suggestions can be made for the protection of intellectual property by grassroots procuratorates.