The Penal System Of Deep Link Behavior Under The Web Crawler Technology

With the development of social and economic development,the Internet has become more and more developed,and the behavior of deep linking on the Internet has increased and become very common.Deep linking behavior is through the network user clicking on the link of the linked website,bypassing the linked website and directly displaying the target content of the linked website in the linked website or directly jumping to the link to the deeper web page of the linked website.However,with the widespread application of network links,disputes caused by network links are increasing,and deep linking may cause infringement damages to copyright owners,and the correct regulatory path should be explored,otherwise it will cause serious harm to social order.The purpose of this article is to explore the criminal law system of deep Internet linking behavior under the web crawler technology,the crime involved in the sub-provisions of the Criminal Law is the crime of copyright infringement,which has been modified and added in the Criminal Law Amendment(XI),how to understand the nature of the deep link behavior and how to accurately determine the establishment of a certain act of copyright infringement is the core content of this paper.The first part,starting from the analysis of what is the deep link behavior and the chaining method of deep linking,specifically studies the behavior process and behavior characteristics of deep link behavior in the Internet field,and further clarifies the infringement situation and the reasons for the infringement by understanding the specific application mode of network crawler technology in deep link behavior.Although the specific application logic of the web crawler technology is generally the same,there are certain differences in the operation of the final link purpose according to the different ways of linking the deep link behavior,so that the situation should also be discussed differently when analyzing the infringement and violation of the law.The second part discusses the relevant situation of deep linking in China’s judicial practice.First of all,we should affirm that there are criminal law risks in deep linking behaviors,distinguish between the two situations of linking with legal websites as link objects and illegal websites as link objects,and specifically analyze the criminal risks that exist in each situation.The main focus of the controversy over the criminal law system of the act lies in the characterization of the conduct of the act,whether it should be regulated by copyright infringement or other crimes.If there are two dilemmas in the regulation of copyright infringement,one is whether the deep linking behavior can be identified as an information network communication behavior,and the other is whether the information network communication behavior belongs to the regulatory scope of the crime of copyright infringement;if other crimes are determined from the perspective of the chained website,it is also necessary to consider the characterization of the behavior of the chained website,that is,whether it can be found to be a helper or a joint offender.The third part discusses the reasonableness of the deep linking act as a copyright infringement crime.The first is to discuss that the deep link behavior should be characterized as the information network communication behavior,combined with the specific connotation and behavior identification standards of the information network communication behavior in the legal theory circles,comprehensively compare the standards’ differences and applications,and finally conclude that it is more appropriate to use the "substantive provision standard" to determine whether the deep linking behavior can be identified as the information network communication behavior.The second is to discuss that the dissemination of information networks belongs to the regulatory scope of the crime of copyright infringement in the sub-provisions of the Criminal Law,that is,it belongs to the objective elements of "dissemination to the public through information networks".The fourth part explores the solution path of the dilemma of criminal law determination of deep link behavior.The main focus is whether the chained website can be identified as a helper of the chained website,and whether the chained website and the chained website can establish a joint offender.For whether the chained website can be identified as a helper,it is necessary to start from the nature of the chained website,that is,whether the chained website is a legitimate website or an illegal website,and finally conclude that the behavior of the chained website should not be identified as an act of helping nature.As for whether the chained website and the chained website can establish a joint offender,it is necessary to consider whether there is a common criminal intention contact between the chained website and the chained website,and whether there is a situation in which the chained website has established a one-sided accomplice,and finally it is more difficult to conclude that it is more difficult to determine that the two have joint criminal intent,and the chained website should not be identified as a one-sided accomplice,but should be determined separately.