Research On The Criminal Regulation Of Online Game "Plug In"

Online games are gradually in a key position in the development of the whole game and Internet industry in China.The rapid development of the software industry has brought about the loss of "intellectual property rights" and "plug-in users" in order to make profits.In terms of the current academic circles,according to the operation mechanism or its unique features and functions,plug-ins can be divided into different categories according to different standards: benign and malignant;independent and dependent;official and unofficial.According to different types,in the judicial practice,it can be divided into the following categories: first,the online game "plug-in" behavior should be identified as the "copy and distribution" behavior in the crime of copyright infringement,which should be identified as the crime of copyright infringement.The second is to define the "plug-in" software as an illegal publication,which will be convicted and punished by the crime of illegal business operation.The third is that the production process of online game "plug-in" belongs to the implementation of the crime of destroying computer information system,so it finally meets the constitutive requirements of the crime of destroying computer information system.But from the information collected,the current judicial practice is generally based on the crime of illegal operation of online game "plug-in" behavior conviction and punishment.This article will start with the concept of online game "plug-in",analyze the reasons of the current online game "plug-in" flooding in China,and then point out that the current criminal regulation of online game "plug-in" in China has some problems,such as lack of legislation and difficulty in obtaining evidence.Combined with the three specific charges identified in the judicial practice,this article analyzes and finally makes clear the path of criminal regulation in China.