Study On The Legislation Of Criminal Protection Of Copyright In China

Announcement of1994implementation of the " National People’s Congress Standing Committee on the Punishment of criminal copyright infringement decision", the first model in the Criminal Code provides for criminal copyright infringement should bear criminal responsibility, since then, China’s copyright criminal protection officially started. Subsequently, in1997," Criminal Law" in the new " crime of copyright infringement " and " selling infringing copies crimes" two charges, provides five kinds of serious criminal acts constitute copyright infringement.2001China joined the World Trade Organization, in fulfillment of the " Trade-Related Aspects of Intellectual Property Rights Agreement" commitment, on the " Copyright Law " was amended, in its article47provides8kinds can be held criminally responsible violations, thus, the basic framework of criminal protection of copyright form. Although China’s criminal protection of copyright rather late, and common law, civil law compared to developed countries, constitute a crime, the penalty is set, the victim there is a big gap between relief and other aspects, and with the " Trade-Related Aspects of Intellectual Property Rights agreements "and other standards required by international treaties are not the match. But as developing countries, China’s criminal protection of copyright broadly in line with the development speed of China’s national conditions, to obtain the effectiveness is also very worthy of recognition. But the world economic and cultural development trend, the development of the knowledge economy has become the core competitiveness of countries. Therefore, our criminal protection of copyright, how to do efficiently promote domestic economic and cultural development, and how to deal with international environmental sound pressure, how to adapt to the development trend of history, we are very urgent need to conduct research and exploration. This paper is divided into an introduction, body and conclusion of three parts, in which the body contains the following four parts:The first part is the theoretical basis for criminal protection of copyright brief description. This section describes the necessity of criminal protection of copyright, the characteristics of criminal copyright infringement, criminal copyright protection level. First, criminal copyright protection of historical trends and current domestic and international situation doomed to the necessity of criminal protection of copyright, copyright infringement crimes geographical restrictions gradually disappeared, crime means more and more technological, objects from the focus on books, audio and video products into various forms of work, leading to such criminal acts not only disturbs the public economic order, but it is a serious violation of personal interests, social harm is growing. Finally briefly in criminal copyright protection of public and private interests, national conditions and international obligations,"strong protection" and "weak protection" and the relationship between the degree of protection.The second part is outside the penal legislation to protect copyright of inspection. Examine subdivided into three parts:the first part is the main representative of the common law countries, the United Kingdom and the United States, the second part is the main representative of the civil law countries, Germany, France and Japan, and the third part of Hong Kong, Macao and Taiwan regions. Through the various economic levels and in different geographical continent countries and regions on the legal protection of copyright criminal investigation, familiar with most of the countries and regions in the world of criminal legislation on the protection of copyright terms, research in these countries and regions behind the criminal provisions of copyright protection legislation object and purpose. Thus, our criminal legislation of copyright protection will be better able to combine the actual situation of our country, learn the essence of our country’s criminal legislation to protect copyright has very important significance.The third part of the copyright protection of the inadequacies of the criminal conduct in-depth analysis. From this part of the scope of protection, the standard conviction, the penalty structure aspects, analysis of the current criminal protection of copyright inadequacies. For example, due to the narrow scope of protection lead to producing or selling literary authorship impersonation less criminally investigated;"for-profit" of criminal intent requirement makes many serious criminal copyright infringement evade criminal penalties; criminal law, criminal copyright infringement to the amount of illegal gains conviction standard, and criminal acts to the right person is not convicted of the actual loss caused by the standard, it is difficult to protect rights holders rights; China is still free sentence-based, supplemented by fine penalty, torture and forfeiture of Property qualification none be applicable; criminal process in violation of copyright, rights holders suffered a major loss of economic benefits, while criminal protection without giving its priority protection.The fourth part in the draw absorb some foreign criminal protection of copyright on the basis of experience, combined with China’s specific national conditions, put forward a sound criminal protection of copyrights insights. Compared to the existing provisions, the country may be appropriate to expand the scope of criminal protection of copyright, the radio programs included in Article217of the Penal Code provides penalties for counterfeiting while expanding the scope of punishment; the crime of copyright infringement convictions episode "for-profit" Modify is "in the business process"; modify criminal penalties, to enhance its maneuverability, while reducing and increasing freedom of criminal punishment qualifications; effectively improve the status of the victim’s lawsuit, improve procedural rights of victims, protection of the victims of their own interests.