Research On Criminal Protection Of Copyright In China Under The Network Environment

With the development of digital network technology in digital environment, network formation,almost all the works are to be digitized, and through the digital technology and cheap copy or use thenetwork spread quickly. Especially the existence of the network to eliminate the geographical constraints,the remote illegal copying and download instant can be completed, so that copyright infringement hasshowed the characteristics of low risk, high return. This makes the knowledge in the more popular easy alsomakes the rights of copyright owners face greater threats. In the network environment, the copyright crimealso presents new characteristics, how to give an effective response to the network environment copyrightinfringement in the field of criminal law, so that the protection of copyright and promote knowledgeinnovation and dissemination, has become a new challenge for the development of criminal law to dealwith network technology. In this paper, through the analysis of the characteristics of the copyright crimeand China’s current legislative situation, put forward countermeasures of China’s copyright protection in thecriminal law. This paper consists of four parts:First, the new characteristics of the copyright crime under network environment main introduction, Inthe modern network environment, the copyright has started from "printing copyright " to " digital copyright", which also contributed to the traditional copyright changes in connotation and denotation: Form ofcopyright object more rich, diverse range of copyright; the copyright content is more extensive; rapidexpansion. Through the analysis of the connotation and extension of extension of copyright under thenetwork environment, can be summed up publishing rights crime with extensive, invisible, theconsequences of more serious, subjective objective judgment is more complicated, crime has not clear newcharacteristics etc..Second, Mainly introduces the copyright criminal law protection of our country’s criminal lawlegislative history and current situation. The1991to201120years China’s copyright legislation in thecontinuous improvement and copyright protection of criminal law to the legislation of our country.Third, Facing mainly introduces our country under the network environment copyright criminal lawprotection system issues and challenges, The provisions of our criminal law protection system of copyright of the existing copyright crime is still confined to the traditional copyright crime, legislation lags behind.Combined with the copyright crime under the network environment of the new situation and newcharacteristic, summarizes the existing problems of copyright criminal law protection system: One isobviously lagging behind the object of crime prescribed caused the judicial cognizance of the difficulties;Two is the diversification of subject of crime of causing criminal responsibility and accountability difficult;Three is the criminal law on the crime of new type slow response leads to more complex on theconsequences of judicial judgment; Four is the " application regulations for the purpose of profit " severelyrestricted the rights of criminal law.Fourth, Criminal law coping strategies of copyright crime in China mainly introduced under thenetwork environment, In order to cope with the new network environment impact on the copyright criminallaw protection system and challenges, the author thinks that the copyright criminal law protection system ofour country should make efficient response in the protection of ideas and specific system: First of all, in theidea, establish the idea of criminal law copyright rights priority. With the development of economicglobalization, the international market integration trend, private concept gradually win support among thepeople in copyright protection, copyright crime in the criminal law punishment has been generallyrecognized in the world, China continue to stick to the values of " public interests " has already beinopportune or inappropriate. At the same time, and the challenge of network environment on the impact ofcopyright protection in China, also needs China as soon as possible to change the copyright criminal idea,establish " the copyright person right superior" values. Secondly, in the legislation: extend copyright crimering. In order to deal with the impact of Internet technology on traditional copyright law and internationalconvention, all the countries in the world have strengthened the copyright infringement of criminalpunishment, the scope of protection of copyright law to actively expand the. In the academic circles of ourcountry, many scholars have advocated the expansion of criminal law, the subject, the network copyrightinfringement more objects and behavior into the scope of criminal law. However, the author thinks that thecircles on the copyright criminal law protection system reform proposal about the lack of rationality,delimit the circle can not be too casual, must adapt to a country and the need to maintain the criminal law,the copyright protection of moderate intervention. Finally, in the administration of Justice: by issuingjudicial interpretation to further improve the crime plot standard. After entering the digital network era, China’s current criminal plot standard already be inopportune or inappropriate, need to be further perfected.