Research Of Criminal Law Protection Of Network Literature Copyright

The digital era make writing become more simple, compared to the traditional literary works,the main network of literary works becomes more and more popular,the advent of the era of network is convenient for the spread and communication of literary works, make the network literature to reproduce and distribute tend to be low cost or even no cost, reduce the entry barriers of audience, makes work more populist, spread more widely, also impels our country existing copyright system to produce the new changes, the resulting network literature copyright crime is growing, convenient network and open environment lead to network literature copyright infringement crimes more easy means fast, more diversity, lower cost and more concealment,harm is also more complex and huge, and because of our traditional civil sanctions and incompleteness and the low efficiency of administrative way, cannot effectively safeguard the legitimate rights and interests of the obligee, as the last barrier of protection of the rights of criminal law, it is critical that information industry in China started late, the traditional criminal law in the face of high incidence of new network copyright crime also gradually exposed its hysteresis and many defects. Want a more effective play to the criminal law in criminal sanctions against infringement of network literature copyright function, you need to the existing criminal law legislation, law enforcement and judicial system is clear and comb. Based on China’s network literature copyright violations in the first case as an example, the deep interpretation of the problems existing in the current criminal law for the network copyright protection, given the corresponding improvement measures, in order to rise to guide practice, to network copyright protection in China.In view of this, this article mainly is divided into four parts. The first part mainly defines the concept of network literature copyright, this paper expounds the necessity and rationality of criminal law to protect. The second part of the current situation of the network literature copyright protection of the criminal law of our country, from the \ "cloud pavilion\" in the network literature copyright infringement set out in the first case of network literature in our country criminal law protection of legislative and judicial status quo and insufficiency, interpretation of Chinese criminal law system for protection of its imperfections. The third part of the experience of extraterritorial criminal law protection of network literature copyright interpretation and comparison, combined with China’s national conditions, find out the significance of reference to the reference and parts, to do good to our country criminal law protection of network copyright.The fourth part comprehensively and profoundly expounded in front, on the basis of the legislative,judicial, law enforcement three aspects related Suggestions and improve the measures are presented. The perfection of legislation focused on the improvement of legislative model, the complement of system of the criminal law, as well as the constitutive requirements of moderate change and concise; The improvement of the judicial aspect is mainly about the cognizance of the conviction and sentencing factors shall be clear and give full play to the initiative and enthusiasm of the public power authority, the judge discretion was employed to reinforce the legal interpretation and complement, causes it to become more maneuverability. The perfection of law enforcement, mainly is to strengthen network literature shall be protected by the criminal law and civil sanctions and administrative law enforcement of cohesion and coordination.