Research On The Criminal Law Regulation Of Infringement Of Network Copyright

In the era of digital network,every country is faced with the problem of digital transformation and digital copyright protection.The flood of piracy has always been a major problem facing China's copyright protection.Digital technology and network technology have a profound impact on the creation,carrying,transmission and reproduction of works.The emergence of Internet piracy has brought many new problems and challenges to China's copyright legal system.The current provisions on the crime of copyright infringement in the criminal law still remain in the stage of traditional copyright provisions,and there is no direct response to the network copyright crime "criminal law",which results in a large number of ACTS of copyright infringement on the network to escape the criminal law sanctions.The lag of criminal legislation has seriously affected the development of copyright and the enthusiasm of literary and artistic creation.This article is divided into four parts: the first part analyzes how the network copyright is defined,the network copyright is not a new type of copyright,but in today's "Internet +" era derived from a unique form of expression,and the network copyright and traditional copyright crime of the difference between the introduction,Several common practical manifestations of infringement of network copyright are listed:Private server,external hanging,"clicked" caused by the dissemination behavior,deep links of these four kinds.The second part introduces the current situation of China's network copyright Criminal Law Protection,China's criminal law is only a simple provision of two types of infringement of copyright crimes,and are aimed at the traditional carrier,China's criminal Law on the Protection of network copyright is far from enough,there are many defects.First of all,on the subjective side,the subjective incriminating elements of "for-profit" are too narrow,and there are few tort actors who voluntarily admit their subjective purpose,and this also violates the principle that the perpetrator should not self-incriminate himself;the second is the problem of the scope of protection,China's criminal law only for the traditional copyright provisions of two charges,The appearance of the network makes the distribution of works become diverse,the same way of infringement is also endless,at this stage the infringer can only use the way of civil action to defend rights,the final result is often to obtain a certain financialcompensation,it is difficult to achieve the effect of fundamentally curbing crime;The third is that the standard of conviction is ambiguous,The conviction standard in the network carrier is difficult to define mainly in two aspects: the identification of the number of replicas and the determination of the amount of clicks.China's copyright law stipulates that the entry standard of replicas is 500 pieces,but the carrier of network works is different,different carriers lead to different replicas of the German quantification is not fair,so it is unfair to use a uniform standard to enter the crime.And the number of clicks,the same person clicks multiple times is determined as a click or multiple clicks this is also a problem to be solved;the second is that the provisions of the penalty means are not comprehensive enough,China's current criminal law provides for a fine of the additional penalty,the punishment is not enough to fundamentally achieve the purpose of curbing crime.The third part introduces the present situation of network copyright protection in some typical countries,summarizes the differences between China and foreign legislation from the aspects of legislative mode,crime setting,constitutive elements and protection scope,and absorbs the experience that our country can learn from in foreign legislation.The fourth part,combined with the previous article,puts forward some suggestions for the defects of the Criminal law Protection of network copyright in China: Perfecting the legislative model,taking "for-profit" as the circumstance of heavier punishment,expanding the scope of criminal law protection,reconstructing the crime and changing the penalty system,and further expanding the protection scope of our criminal law,To achieve the full protection of China's network copyright.