On Criminal Protection Of Copyright In Network Environment

Network technology has greatly promoted the creation and dissemination of works.In the Internet age,the problems brought by the Internet copyright protection and the digital transformation are the problems that the world will encounter.Piracy’s rampant impact on the existing legal system,many new challenges came into being.The protection of the copyright in the criminal law began in the Criminal Code of 1997.After more than twenty years of development,with the progress of the technology,especially the arrival of the network age,the expression of copyright infringement crime has changed greatly.The current law is still in the traditional copyright stage,cannot effectively regulate the network new crime related behavior,the legislation lag has severely limited the enthusiasm of literary creation.This paper discusses the new challenges faced by the criminal protection of copyright under the network environment,puts forward some shortcomings in the legislation,and puts forward some suggestions for improving the criminal protection of copyright under the network environment.This paper mainly studies from the following parts:The first part analyzes the challenges faced by the copyright criminal protection under the network environment,including the internal and external challenges.The internal challenge refers to the change of the copyright system under the network environment,including the expansion of the copyright content,the change of the object of the copyright,and the technology of the exercise of the copyright.The external challenge is the change of the copyright infringement in the network environment,including the new type of the tort pattern,the diversification of the subjective purpose of the infringement of the copyright,and the diversification of the subject of the infringement.Finally,it points out that the core problem in the new situation is that the legislative design cannot meet the needs of copyright criminal protection,The author points out the necessity of strengthening the protection of copyright criminal law by analyzing the forms and features of the network copyright and the traditional copyright.The second part analyzes the shortcomings of copyright criminal legislation in the network environment.In judicial practice,there are some tort acts which,although not for profit,still cause serious damage to the copyright owner,which leads to the discussion of "profit purpose ".The provisions of civil law and criminal law on copyright infringement are not well connected,which is mainly reflected in the problem of individual protection of the right of dissemination of information network.In judicial practice,the criminal liability of network service providers should be determined according to the specific types of network service providers,and the balance of interests should be emphasized for network technology service providers.The third part is the overseas experience of copyright criminal protection under the network environment,compares the provisions of the international conventions,multilateral agreements and American legislation on the criminal protection of copyright under the network environment,introduces the overseas experience of copyright criminal protection under the network environment,and points out the places worth drawing lessons from,including the existing concept of providing rights to the public into the copyright law,so as to achieve implicit protection and establish a network service provider hierarchical responsibility system.The fourth part,combined with the above analysis,explores the ways to strengthen the criminal protection of copyright in our country,and suggests that the "profit purpose" of copyright infringement crime should be abolished and regarded as a heavier punishment plot.If the circumstances of indirect infringement are serious,the network service provider shall be investigated for criminal responsibility by joint crime.The specific circumstances of network service providers should be distinguished,and the principle of technology neutrality should be reasonably applied to technical service providers.In order to promote the connection between the problem of network copyright and the development of current network technology at the legislative level of our country,and to meet the needs of the times of copyright protection.