集权模式下我国知识产权行政执法公信力的考察

A Study of the Credibility of China’s Centralized Administrative Enforcement of Intellectual Property Rights

知识产权行政执法公信力的提升直接影响我国国际声誉和行政执法的实际效果,也是实现政府职能转变和依法行政等政策目标的内在要求。现有的知识产权行政机关兼具行政管理职能和行政执法职能的集权模式为执法公信力的塑造埋下了制度缺陷,应当进一步夯实行政执法的信用基础,树立公正和效率并重的价值理念,通过各种行政执法的信息载体昭示执法公信力之所在,共同维护法律的权威,促进形成有利于政府推行政策的舆论环境和社会氛围。

The endancement of the credibility of China's intellectual property rights (IPR) administrative enforcement not only has a bearing on China's international reputation and the practical effects of relevant law enforcement but also is required for achieving such policy goals as government function shift and law-abiding administration. This centralized mode of current IPR agencies, with functions of both administrative management and administrative enforcement, has seeded a defect in the system that affects the shaping of the law enforcement credibility. Therefore, it is necessary to reinforce the basis for improving administrative enforcement credibility, establish values that stress both justice and efficiency, and use various communication channels for administrative enforcement to publicize the credibility of law enforcement so as to safeguard the authority of law and facilitate the formation of public opinion and social environment that is conducive to the government’s policy promotion.