Criminal Protection Of Copyright In The Network Environment

The rapid development of Internet technology in China and the expansion of Internet enterprises in China mark the enhancement of comprehensive national strength in our country and the increasingly significant function of science and technology as the first productivity force.In the current field of Internet,China has leaped into the ranks of front runners.The Internet has brought many benefits as well as a series of problems in the field of intellectual property right,which has caused the chaos of the legal protection system of copyright,even the United Nations has taken the crime of intellectual property implemented in internet as one of the most serious transnational crimes and made early warning.Now,under the high attention of the international community,the criminal law protection of network copyright has become an important issue in the network era.Many countries have taken powerful protection measures to regulate and prevent.In order to conform to the changes brought about by the development of the Internet,China should carry out deep study on how to construct a relatively systematic criminal law protection system of Internet copyright,to strike against criminal deeds accurately,comprehensively protect the legitimate rights and interests of Internet copyright owners,and make the authority and credibility of the criminal law can be recognized by the society.Aiming at the above problems,this paper selects "Criminal Law Protection of Network Copyright" as the title,and studies how to construct a relatively rigorous criminal law protection system of network copyright,hoping this paper can be helpful for the study of legal theory research and judicial practice.This paper is divided into four chapters.The first chapter is the overview of network copyright.This chapter starts from the necessity of protecting network copyright by criminal law,and proposes that network copyright is different from traditional copyright.It analyzes the characteristics of the current copyright in the network,they are: the network copyright makes the content of the copyright richer,the works have distinct Internet characteristics,the regional nature of the copyright is weakening and the complexity of the right subject.It is these four points that make it necessary for criminal law to protect the copyright in the network different from the traditional copyright.This paper analyzes the necessity,and draws the conclusion that network copyright should have the special criminal law protection,and then draws forth the definition of the network works and network copyright in the second section,and then determines that "network copyright" is not only a right,but also a special form of copyright.The second chapter is the current situation of criminal law protection of network copyright.Starting from the criminal law protection of network copyright in China,this part respectively combs the criminal law protection measures of copyright from the legal level,administrative regulation level and judicial interpretation level,and then combs the measures of protecting network copyright in the countries of Anglo American law system and continental law system,mainly including the United States,Britain,Germany and Japan.The purpose of combing the above two sections is to explore how to better connect the criminal law protection of network copyright in China with the international.After finding the differences between China and foreign countries in the differences of legislative model,constitutive requirements and applicable criminal punishment,it draws forth the inspiration to improve the criminal protection system of network copyright in China.The third chapter is the deficiencies of the current network copyright in the criminal law regulation.This chapter mainly begins with the subjective aspect and the objective aspect of crime.In the subjective aspect,the existence or abolition of "profit-making purpose" has no conclusion yet.After combing and analyzing different theories in the theoretical field,this paper draws a conclusion: it tends to the point of abolishing the "profit-making purpose".In the objective aspect,there are some misunderstandings about "copy issue" and "information network dissemination".This paper discusses “the issue behavior” and “the copy behavior”,“the copy issue behavior” and “the information network dissemination behavior”,and draws the conclusion that there is no inclusive relationship between “the copy issue behavior” and “the information network dissemination behavior”.The fourth chapter is the improvement of the criminal protection system of network copyright.This part combines the view in this paper with foreign excellent legislative experience and puts forward four suggestions for the next step to improve the criminal law protection system of network copyright in China,including: improving the legislative model in China,dividing the "profit-making purpose" separately,reconstructing the facts about a crime,and improving the corresponding criminal punishment system.The last three links are integrated.