Research On Criminal Regulation Of Online Game Private Server Behavior

With the development of online games,private service behavior is growing up fiercely and bringing social harmfulness.However,in theory and practice,there are disputes about the nature and crimes application of online game private behavior,which has become an urgent problem to be solved.This dissertation is discussed in the following four sections.The first part,it mainly introduces the business model of online game private server behavior in China.Firstly,it summarizes online game private server behavior.Then it analyses the rights and interests of online game and the detriment of online game private server behavior.At the same time,it introduces technical principle,structure and profit mode of online game private server behavior.Then,it is a brief introduction of the crime of online game private server behavior in Fujian Province.By clarifying the concept,principle and background of online game private server,it lays the foundation for the following discussion.The second part is normative analysis of online game private server behavior.Firstly,it analyses the rights and interests of others who was violated by online game private server behavior,and introduces the background of online game private server behavior,dissects the harmfulness of online game private server behavior.Then,it mainly focuses on the current qualitative problem and crimes application of online game private server behavior.It discusses online game private server behavior in view of constitutive elements of the crimes of illegal business operation,the crimes of breaching business secret,copyright crime,and crimes of selling infringing duplicates.Then it comes to the summary of the analysis of online game private server behavior.The third part discusses problems of criminal regulation of online game private server behavior in view of the copyright crime.The current theory and the mainstream opinion of judicial practice are advocated for it applied to copyright infringement,but there are still many disputes and confusions to be dealt with.The controversy over the meaning of "duplicate and issue",and focus on analysis of mainly depends on whether the private server belongs to "duplicate and issue" which has been modified.Judicial interpretation improperly expands the meaning of "duplicate and issue" and causes logical conflict.The controversy over subjective elements of "for profit".The controversy over crminal amounts which analyses difficulty in determing the amount of illegal gains,and the determination of the amount of illegal operation is un-precise.At the same time,it analyses the problem of fixing evidence and incompatibility between crime and punishment.The fourth part proposes the measures to regulate online game private server behavior.It proposes improvement of law application by means of the judicial interpretation and case guidance,such as optimization of the subjective elements of"for profit",optimization of the evaluation of criminal amounts,more clear definition of the meaning of "duplicate and issue",and countermeasures to increase punishment.At the same time,it proposes corrective actions from the perspective of the investigation activities of the public security organs.In view of the fact above,the author advocates that,copyright crime should be applied to regulate online game private server behavior,and the measures to regulate online game private server behavior should be improved so as to prevent and crack down the crimes.