The Criminal Law Regulation Of Network Copyright Crime

With the rapid development of network information technology,network copyright has become an issue of the times.At present,the protection of copyright in cyberspace is not only the focus in the field of intellectual property,but also an important aspect of criminal law.In the development of network information technology,the behavior of infringing copyright appears network alienation,showing a new form and new characteristics.At present,the copyright law has adjusted the content and scope of regulation according to the development of network,but the regulation of network copyright infringement in criminal law has not been adjusted with the development of network information technology,especially the infringement with serious social harm can not be included in the field of criminal law regulation.In view of the problems existing in the regulation of copyright crime in the current criminal law field,the author adopts the ways of comparative analysis and literature search in this paper,focusing on analyzing the new trend and characteristics of the current network copyright crime,tracing back the source of the alienation of the network copyright crime,combining with the development of new technology,analyzing the difficulties existing in the current criminal law regulation,and exploring the future improvement of our country The new path of the criminal law system of copyright crime.This paper explores the criminal law regulation of copyright crime under the Internet information technology from four aspects.In the foreword,the author lists the relevant conclusions of some scholars about the crime of network copyright based on the background and significance of the topic,clarifies the current research status and the shortcomings of the research,and discusses on this basis.The first part of this paper makes a general investigation on the crime of network copyright.First of all,this paper explores some basic concepts related to the crime of network copyright,in order to help distinguish it from the traditional concept of copyright.Then combined with the official data and judicial practice data issued by the relevant departments,this paper analyzes the new characteristics of the current network copyright crime,and makes a detailed study of the trend of the network copyright crime,which provides a prospective reference for the revision of the criminal law.The second part of the article is to investigate the provisions of the Internet copyright crime in foreign countries.The author focuses on the comparative analysis of the international treaties regulating the crime of network copyright,and studies the subjective and objective provisions of network copyright in the countries of common law system and civil law system.Through the method of comparative analysis,we reflect on the outstanding problems in the current criminal law regulation of Internet copyright crime in China.In the third part,the author systematically analyzes the existing problems in the current criminal law regulation of copyright crime in China.In this paper,the author makes an in-depth discussion on the problems existing in the current copyright crime in terms of subjective elements,objective elements and standards,criminal protection scope,criminal and civil protection conflicts,etc.First of all,starting from 5g technology,this paper discusses the subjective and objective dilemmas of Internet copyright crime in the new era,especially in the evolution of the scope of criminal protection of copyright crime,and analyzes the possibility and necessity of regulating AI products with AI technology.Secondly,it focuses on the liability of network operators and the impact of block-chain on copyright crime.Finally,the author explores the conflict of copyright rules between the criminal and the people.In the fourth part of the article,it puts forward the countermeasures to improve the criminal law regulation of network copyright crime.This paper explores the adjustment of subjective and objective elements of copyright crime under the network information technology,and analyzes the expansion of the scope of criminal law regulation of network copyright crime in the new era.We should improve the system to deal with the copyright crime caused by block-chain technology,and strengthen the connection between criminal protection of network copyright and civil and administrative systems.