Research On Criminal Liability Of Plug-In Behavior In Online Game

Since the network game plug-in appeared in the public field of vision,the discussion about it has not been interrupted.At this stage,it is impossible to completely cover all online game plug-in behaviors with one crime.The criminal regulation of online game plug-in behaviors has the view of convicting the crime of intellectual property,the crime of illegal business operation,computer information system crime and the crime of illegal use of information network.The reason is that the relevant legal norms are not clearly stipulated,as well as differences in views on the plug-in behavior that needs to be punished,and poor connection with the pre-laws.To solve this problem,it is necessary to uniformly stipulate the definition of online game plug-in and the types and behaviors of plug-in that need to be regulated by Criminal Law,explain the harm caused by it in social development,and analyze the difference between the current theory and practice of online game plug-in.The rationality of the reasons is discussed,and the possibility of conviction of the auxiliary plug-in under specific circumstances is analyzed.Combined with the newly revised Copyright Law and the newly promulgated Criminal Law Amendment(XI),conduct an in-depth analysis of online game plug-in behavior,understand the operating mechanism of online game plug-in and the types of legal rights violations caused to copyright owners,denying the view of convicting the crime of illegal business operation and the crime of destroying computer information systems.In addition to the infringement of the right of reproduction and distribution,liability can be determined from the infringement of technical measures in the future.Demonstrate the legitimacy of computer data in online games as the object of software modification rights,and the possibility that software modification right can be protected as copyright protection objects to carry out criminal legislation modification protection in the future because of their dual attributes of personal and property rights.Based on these behavior modes,from the perspective of the behavior subject,this paper analyzes the infringement of the rights and interests of the oblige by different behavior modes.Criminal punishment will be given for the crime of copyright infringement,the crime of selling infringing copies and the crime of providing tools for invading computer systems,so as to realize the typed treatment of the behavior of producers,sellers and users.And then build a layered progressive,clear and reasonable online game plug-in behavior conviction system to protect the legitimate rights and interests of online game owners,create a good business environment,and promote the steady development of market economy.