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Lagel Liabilities For Plug-In In China

Posted on:2020-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:R FuFull Text:PDF
GTID:2416330590961361Subject:legal
Abstract/Summary:PDF Full Text Request
The playability and fairness of online games determine the commercial value of online games.The production and use of plug-in has made online games lose playability and fairness,which has seriously shortened the life of online games.In China,there are many cases in which the player stream is difficult to maintain due to the influence of the online game plug-in.In the end,only the server can be shut down.At present,China has become the world's largest online game country with the largest annual market revenue,and the online game industry has also become a pillar industry in the cultural industry.The regulation of online games has a vital role in promoting the healthy development of the online game industry.Through the collection of a large number of judgments made by the current court,the reasons for the judgment of the court and the results of the judgment are counted.It is analyzed that the two main problems of the online game regulation in China's judiciary are:the confusion of criminal identification and the lack of civil legal regulationExploring the reasons from the illegality of online game plug-ins:There are many kinds of online games plug-ins,and each production operation principle is different.At present,China's criminal law mainly regulates the online game from the level of copyright infringement crime,illegal management level and computer information system security layer.Since the operation principle of the external connection production is not clear,and the distinction between various external connection behaviors is not clear enough,the court often identifies the external connection as a duplicate,and believes that the external connection from the server to obtain illegal benefits requires invading the server or destroying the server This conclusion makes the court's case of external cases applicable from five kinds of crimes,ignoring the nature of external and external activities.In addition,regardless of whether it is an external manufacturer or a general external user,the operator is afraid to file a civil lawsuit.This has increased the cost of litigation for operators and the opportunity to recover losses through civil litigationFinally,this paper starts from the identification of criminal illegality,and through the analysis of whether the external behavior is consistent with the criminal composition of each crime,and clarifies the criminal regulatory path of online games in China.In addition,based on the foreign experience in the regulation of online games,combined with the laws and regulations of China,this paper proposes a civil issue to solve the problem of online games.Finally,with reference to the foreign legislation on online games and the actual situation in China,this paper puts forward the perfect advice on the legal path of online games.
Keywords/Search Tags:Plug-in, Copy and Issue, Technological Measures
PDF Full Text Request
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