Analysis On The Criminal Regulation Of Infrigement Domain Name

Domain name is described as a outstrip kind of knowledge products,which represents business or enterprise.Its unique characteristics make the only way to enter the enterprise in cyberspace,and therefore has significant identification function and commercial value.With the popularity of network use,infringement events against domain names occur from time to time.As a kind of electronic data and a kind of virtual assets,it has such significant commercial value in the current network environment.We should strengthen the legislative protection of domain names and improve the legal protection mechanism of domain names.However,according to the current legislative situation,relying solely on civil law,administrative law and other laws and regulations is far from sufficient protection effect.Bringing domain names into the special protection scope of criminal law is the due meaning to ensure the healthy development of network economy and is very import to exploit the prosperity of digital science and technology.At present,Chinese legislation does not confirm that domain names belong to the legal attribute of new intellectual property rights.For serious problems such as violating the criminal law,there is no special criminal law norms to give special protection.The absence of protection in the criminal law is inadequate to the stable and healthy development of domain names.Therefore,the author proposes to clarify the scope of legal interest protection for domain names,and suggests formulating special criminal law regulations to prevent illegal infringement of domain names,to protect the healthy ecological environment of network domain names.This ect presents the importance of domain names and the current situation of serious violations of laws.Domain names should belong to the category of knowledge products,and puts forward the view that criminal law should provide exclusive protection;Defines that the domain name is composed of character identification,which can refer to the name and address,and analyzes in detail that the domain name has the three knowledge product attributes of creativity,openness and sociality of knowledge products,as well as the three knowledge product characteristics of exclusivity,intangibility and exclusivity of domain name,so as to determine that the domain name belongs to a new type of knowledge product;Introduces the current situation of criminal judicial application of domain name infringement,lists four typical criminal precedents of common domain name infringement,and evaluates the existing judicial characterization,including three problems: different standards for the application of charges,difficulty in identifying the number of competing crimes,and single punishment mechanism for unit crimes;On the basis of identifying domain name as a new type of knowledge product,expounds that the infringement of domain name infringes on the private legal interests protected by the criminal law and the national intellectual property management system.It introduces that the crime of infringing on the virtual property attribute of domain name in the United States and South Korea is convicted and punished according to the crime of theft.In Chinese Taiwan,domain name is identified as electromagnetic record and explicitly convicted in the criminal law,it also puts forward the necessity of perfecting the criminal protection of domain names in China;The results and discussion.Using the conviction analysis of domain name infringement and the reasonable logic of criminal punishment of domain name crime,this paper obtains three specific improvement suggestions for the criminal regulation of domain name infringement.First,clarify the legislative protection of domain name and other virtual property;Second,add the infringment domain name crime;Third,add provisions on unit crime;At last is the conclusion of this paper.With the development of network economy,the importance and value attribute of domain name will rise day by day.In order to protect domain name,we should take necessary criminal law measures to regulate it,which can be more conducive to promote the harmonious and healthy development of network economy.