The Legislative Perfection Of Copyright Crime Under The Network Environment In China

In recent years, with the rapidly development and popularization of Internet, the network has become an essential part of people daily life. It has changed the ways of our life and production, enriching our ways to acquire knowledge from outside. People are enjoying the convenience of the Internet, but also to bear the harm caused by the Internet. Due to the spread of the Internet doesn’t has regional restriction, so a work once uploaded to the network, the copyright holder force control of the work will be greatly reduced, which also increases the risk under the network environment copyright infringement. From the point of view of the current reality, under the network environment the implementation of copyright infringement behavior is increasing day by day, showing a high momentum, with civil and administrative means of the sanctions, and not get satisfactory effect. So, in this case, the use of the most severe criminal law to prevent or curb the network environment of copyright crime is imperative. However, because of the serious lag in the criminal law of our country, it is not appropriate to solve the problem of copyright crime in network environment. Therefore, in this case, "The legislative perfection of copyright crime under the network environment in China" in the title of serious analysis and research has important practical significance.Based on the research results of domestic and foreign scholars, this paper uses the method of comparative analysis to elaborate the aspects of copyright crime in network environment. Specifically, this paper is divided into four parts:The first part mainly under the network environment copyright crime are summarized, in-depth analysis of the difference and relation between the three basic concepts of copyright under the network environment, the copyright and network environment of copyright crime. On this basis, copyright crime under the network environment and the traditional and realistic environment under the copyright crime are compared, and then under the network environment copyright crime has four major characteristics, namely, the broad generalization of the subject of crime, diversification of criminal purposes, new style of crime the complexity of the judgment of criminal consequences. Therefore, it is necessary for us to carry out the criminal law protection of copyright crime under the network environment.The second part mainly introduces the current situation of the criminal legislation of copyright crime under the network environment and the reference of our country. Which is a detailed introduction to the United Kingdom and the United States as the representative of the Anglo American law system and Germany and France as the representative of the civil law system on the network environment of copyright criminal legislation status quo. On this basis, for "to profit for the purpose of abolition of the subjective element can learn from the practices of the United Kingdom, the United States, for our country the current centralized legislation model of France with legislative mode for reference. This not only can maintain the stability and authority of the criminal law, but also can be a new situation of copyright crime in a timely manner to respond.The third part mainly analyzes the current situation and existing problems of the criminal legislation of copyright under the network environment in China. In recent years, in order to curb in cyberspace to infringe copyright act to the surge in, our country through the National People’s Congress legislation, formulate administrative regulations and judicial interpretations promulgated and other ways to strengthen on the protection of copyright under the network environment. But of our country criminal law of copyright protection in the network environment still exist a series of problems to be solved, such as "to profit for purpose" elements of the set under the network environment existing vulnerabilities, criminal acts of the provisions is too narrow, the circumstances of the crime of the application of the existence of avoidance obstacle, the penalty arrangement is not reasonable and so on.The fourth part is mainly about the problems of the copyright crime in the network environment in our country, and put forward the corresponding improvement suggestions. First, for the crime of copyright "to profit for the purpose of the subjective elements of the abolition of, it is recommended the abolition of and the transformation for shall be given a heavier punishment, so whether it is under the network environment or under the realistic environment for the traditional implementation of the copyright crime, as long as the behavior caused serious consequences, it can carry on the penalty punishment. If it is profit, it shows that it has a serious subjective malignant, should the heavier punishment. Secondly, would be a violation of the right of communication of information on network behavior and the behavior of circumvention of technological protection measures into the copyright criminal behavior at the same time, can also be an infringement of the copyright crime in closed counts into open counts. Again, through the introduction of determination standard and perfect "copy product quantity standard," downloads "replace" clicks "way to improve the network environment under the copyright crime plot recognized standards of human rights in economic loss. Finally, in the improvement of the network environment of copyright crime of the criminal punishment system, can be reduced by reducing the freedom of the distribution of the standard, improve the fine punishment, additional qualifications.