The time when the copyright law system in our country shaped is much later than other countries in the world, so in a long period ,there's no systematic stipulations about the copyright crime in our country. With the economic development and social progress, the economic value of copyright is greatly increased. Copyright has become an object which is often infringed by the criminals, and the copyright crimes are becoming more and more serious. In order to fight against the crimes, the 8th anniversary of China People's Representatives Congress Committee promulgated "The determination to fight against the copyright crime" on July 7th in 1997, which is the first law specializing in the copyright law crimes in China.The copyright crime has developed in a very fast speed. In such aspects as the criminal subject and the criminal act, new characteristics have emerged which is analyzed and abstracted in this article. As a kind of economic crimes, the copyright crime has its profound economic and cultural roots. Analyzing these roots, we can have a deeper and more comprehensive understanding of the copyright crime.The criminal constitution of the copyright crime is an important part in this article, which is divided into two parts, traditional constitution and Internet constitution. Besides, through the analysis of the judicial recognition , we can draw a clear line between the crime and non-crime, this crime and that crime.A relatively scientific and perfective system of copyright crime is formed in western countries in more than one hundred years. On the contrary, the legislation of the copyright crime in our country has a very short history which can't adapt to the social realities, and should be reformed and improved. Compared with other countries in the world such as Britain, the United States, France and Japan, there are many shortcomings in our country's legislation of the copyright crime. Finally, some useful suggestions are put forward in this article. |