Under The Network Environment Research On Legislation Perfection Of Copyright Infringement Crime

Along with the rapid development of market economy and increasing the copyright attached with economic value, the copyright crime has become one of the focus of common concern to the international community, and the current legislation in China has been unable to effectively solve the crime of infringement of copyright under the network environment. Crime of infringement of copyright will damage interests of the rights of the people and disrupt the order of the socialist market economy in our country, so how to improve the copyright under the network environment has become a major issue facing the process of China’s socialist market economy and the construction of advanced culture.In the course of analysis, firstly, it points out the deficiency of the copyright crime legislation under the network environment, including legislation defects, legislation mode of our country are centralized, lag is obvious; the deficiency of the copyright, the traditional copyright replication behavior does not include the copyright of the network environment; criminal legislation, from the subjective it ignored the tort of not for profit purposes under the network environment,from the objective behavior of criminal law and the copyright law of the copyright crime provisions are inconsistent, there is no object to appear in the network environment from the scope of protection, to the amount of illegal gains as the circumstances of crime standard caused under the network environment the copyright crime not for profit behavior to be identified as crime; penalty system structure is not reasonable, our country that adopts the fine system abstract, is not conducive to a unified the judicial application of the discretion of the judge; the lack of the protection means, China heavy public private phenomenon of light.Secondly, research on the Anglo American law system and continental law system countries copyright criminal protection legislation and the extraterritorial judicial system.Finally, the author believes that in the matter of legislative mode, criminal law code and subsidiary criminal law can be applied compliantly. To constitute a crime, the abolition of determination of target criminal is necessary. In the matter of crime behavior, coherence with copyright law, equal protection of works that are included in copyright law, strengthening the protection of copyright owner’s personal right, perfection of conviction all need to be taken into consideration. In the matter of penal system, we should appropriately adjust punishment range, improve the penalty of criminal fine, add qualification penalty. In the matter of mechanism, improve victims redressing mechanism and civil-criminal relation handling mechanism. We should build the establishment of the legal compensation system; improve the system of law enforcement, strength the private remedy.