Study On Legislation About Crimes Of Infringing On Copyright

As an important element of the intellectual property system, the copyright system plays a great role in promoting the development of science and technology, enriching the cultural prosperity of science and technology, enriching the cultural prosperity and in boosting economy. With the purpose of protecting copyrights, our country's criminal law provides penalties for crimes against copyright. Since it was only a decade ago that the intellectual property system was introduced in china, far from being mature and perfect it is to protect the copyright by means of imposing criminal penalties.Nevertheless, with the rapid changes in this system, especially those changes following the amendment of the copyright law, the above mentioned provisions in the criminal law becomes irrational and lag behind the actual practice. To eliminate these defects, high attention should be paid to in this respect.This article explores the crime against copyright from three aspects: its constitutive elements, its legislative retrospection and improvement. Beginning from an analysis, not only historic but also perspective, of the concept of this crime, the author discusses in detail the history and statues of the legislation of this crime. Then the author undertakes a deep reflection in the legislative theory, constitutive elements of and criminal penalties for this crime, and finally, puts forward some proposals on improving the legislation.