A Study On The Legal Liability Of Network Copyright Infringement In China

With the rise of network,the original means of storing and disseminating works have been changed,which has brought an unprecedented impact and great challenge to the original copyright liability system.As the result,the original laws and regulations cannot satisfy the copyright owner's demands for rights under the network environment.Therefore,the state needs to constantly modify,add,and perfect the relevant legal norms on the basis of reality.During these years,every country has been committed to modifying the laws that are related to copyright.Our country also pays more and more attention to the study on the legal liability of network copyright infringement,which has made some progress.In the era with rapid development of network information technology,when the network copyright infringement occurs,how to investigate for legal responsibility of the infringer,how to protect the interests of network copyright owners,and how to purify the protection environment of the network copyright have become the key issues discussed and researched by the state,the society as well as the academic circles.This paper adopts the concept analysis method and the comparative study to analyze the legal regulations of network copyright infringement liabilities in China,it studies the legal liabilities of network copyright infringement from three aspects,that is,the civil liability,administrative liability and criminal liability.First of all,the theoretical foundation for the legal liability research of network copyright infringement has been laid through interpreting the network works and the related concepts about legal liabilities of network copyright infringement.Secondly,based on the existing researches on the legal norms of our country,this paper analyzes the existing problems in three aspects: civil liability,administrative liability and criminal liability.Thirdly,the paper analyzes the legal liability provisions of network copyright infringement in foreign countries,then studying and drawing lessons from the system mode of collective management of copyright in civil liability,the design of administrative law enforcement system in administrative liability,as well as the protection provisions of technical measures in criminal liability in turn.Finally,on the basis of original research results and existing legal norms in our country,referring to the advanced experience of foreign countries,this paper provides some effective suggestions for the omission and deficiency of the three kinds of related norms in legal liability for network copyright infringement in our country,so as to put forward the feasible assumptions for perfecting the legal liability norms of network copyright infringement in China.