Research On The Criminal Law Protection Of Internet Copyright

With the development and popularization of Internet technology and the continuous innovation of science and technology,today’s world has fully entered the information age,greatly expand the scope of information resources,and the Internet will inevitably be used as a tool for illegal and criminal activities.In recent years,a series of cybercriminals such as online pornography,online terror,online gambling,and online fraud have become increasingly rampant.Among them,the number of crimes of infringing online copyrights alone is as high as 100 in a year.Legislation lags behind,and copyright laws are no exception.Some developed countries and regions outside the region have relatively complete legislative systems in the criminal law protection of network copyrights.However,the relevant legislation on copyright in my country is still very imperfect,and the state’s crackdown on crimes of infringing online copyrights is weak,and some criminal acts cannot be punished properly.Therefore,how to better protect the network copyright in criminal law has become a major problem we are currently facing.This paper firstly gives an overview of the crime of infringing online copyright,expounds the concept of online copyright and the crime of infringing online copyright,the characteristics of the crime of infringing online copyright and the necessity of criminal law protection of online copyright;secondly,it focuses on analyzing the current situation and existence of criminal law protection of online copyright in practice.Defects,including:the subjective elements of "for profit" are too narrow,the criminalization criteria are not clear,the criminal sanctions are not comprehensive enough,the crime setting does not fit the current situation,etc.;Countermeasures,such as abolishing "profit-making" in the subjective constituent elements,improving the criminalization standards,setting up more comprehensive criminal sanctions,and resetting charges,etc.,are expected to make the protection of online copyrights more perfect in criminal law.Only in this way can we better protect the rights and interests of copyright owners,maintain the balance of the market economy,improve the development and construction system of intellectual property rights,and promote the prosperity of my country’s cultural industry.