China's Criminal Copyright Protection In The Digital Environment

The 21st century is the era of economic knowledge of which Intellectual Property(IP) is the core.With the rapid development of digital technology,an IP crime has become one of the most serious types of crimes among 17 types of transnational crimes as stated by the UN.In order to prevent and deal with this kind of criminal activity,various countries are improving their criminal copyright protection system.The criminal protection of copyright crimes which is an important part of transnational crimes,bears the impact most by digital technology.China is participating in a series of international copyright conventions.In order to fulfill our obligations and promises as part of our commitment to the WTO,to protect the owners of copyrights,maintain the administrative order of our country's copyrights,as well as facilitating the healthy and rapid development of our economy,copyright protection has become an historic mission and obligation of our country.Digital technology has brought about new challenges to traditional copyright protection.Based on background,the article entitled "China's Criminal Copyright Protection in the Digital Environment",analyzes and explores the numerous issues on criminal copyright protection in our country.It is of great importance both theoretically and practically.This article consists of 5 parts: Chapter One:Impact and Challenge—the influence on copyright protection by digital technology.This part outlines the general principles and contents of our copyright system from the aspects of the connotation, history,object protection,restrictions on rights and value orientation.It also analyzes and illuminates the challenges on copyright protection by digital technology in more detail.Finally it highlights the features of copyright crime in the digital environment.The modern copyright system is a product of various elements such as printing technology,commercial economy and freedom of the press.With time on,the phenomena of copyright infringement and crime has emerged. Progress in society has facilitated the need for global copyright protection. Copyrights were created to protect personal interest including financial gains to copyright owners and owners of neighboring rights.However,the law has also placed restrictions on copyrights to balance social and individual interests.Copyright is a private right.Our copyright laws attach great importance to the protection of financial rights,while legislators pay attention to the financial nature of copyright.In the digital environment, copyright infringement has becomes easier,thus resulting in many challenges.Copyright crime has become an extensive problem.High-tech criminals are creating havoc not only for financial gain but for excitement. The methods used in committing these crimes have also changed causing substantial harm to society.Also,prosecution in these crimes has a very low conviction rate.Chapter Two:The Economic Analysis on Copyright Crime.This part mainly elaborates and analyzes the conduct of copyright infringement and crime relating to economics,and preventative measures against copyright crimes.This provides a theoretical base for improving the laws mentioned in Chapter 5.This article emphasizes protectionism while bordering on liberalism. The lower the cost,the higher the gain,and the more probability of copyright infringement and crime.The rate of cost and gain is influenced by legal behavior,implementation factors,technical factors and irrational factors.Therefore,in order to control copyright crime,it is necessary to adjust the cost and gain of infringement behavior,guaranteeing the cost is greater than the gain.In theory a rational person will give up criminal activity.Measures include cooperation between the parties in property transactions,designing the structure and quota of infringement costs scientifically,increasing the rate of accountability for infringement, securing the victim's interests,shortening the cycle of infringement behavior and reducing the cost bored by judiciary.Chapter Three:Reform and Inspiration—The Evolution of criminal copyright protection in the digital environment.This section makes a comparative study on criminal copyright protection.It analyzes and compares systems between mainland China and international criminal law, civil law countries,common law countries and China's HK,Macao and Taiwan.It summarizes the similarities and differences.Compared to other countries and regions,mainland China's criminal law focuses on the protection of public interests and emphasizes the order and administration.It has a narrow scope of object protection.It requires a subjective view on making profits and objective behavior.The crimes are classified as either a result or plot crime.Penalties imposed for the commission of this kind of crime includes:no limitation on fines,and the loss of privileges and rights,but does not compensate the victims.Chapter Four:Analysis and Comparison—Criminal implementation of China's current copyright crime.This part conducts a deep analysis and discussion of the issues related to China's copyright crime and criminal liability in the digital environment at the legislative and judiciary level.It focuses mainly on the current statutes related to copyright crimes.The object of China's copyright crime is complex.It includes both the owner's rights and the state's administrative system.Different behavior of copyright crime has its different object,while the object of distributing infringing reproduction crime is the infringing reproduction in the copyright crime.In terms of objective elements,the copyright crime has four methods of behavior while distributing infringing reproduction has only one—distribution.Both criminals are either quota criminal or plot criminal.The subject is a general subject including natural persons and corporations.The subjective element is the direct intention of committing crimes for financial purposes.It is necessary to distinguish guilt from non-guilt,one crime from numerous crimes,this crime from that crime,and criminal conspiracy in judicial practice.Chapter Five:Introspection and Reconstruction—the Trend of China's criminal copyright protection in the digital environment.This area explores the trend of reforming China's criminal copyright protection on the basis of the previous study.Specific reform suggestions are as follows.In terms of value orientation,the article advocates transferring the emphasis from public interests to individual rights.In terms of legislative model,combination model is adopted;In terms of protection,it is better to split the copyright crime stated in Article 217 of Criminal Code into two crimes:copyright crime and neighboring right crime.This article also suggests expanding the criminal protection scope,widening attacks on criminal counterfeiting and extending the protection to technical information and rights—administrative measures.In terms of accountability,it suggests canceling the restriction of financial purpose and transforming the distributing infringing reproduction crime into the combination crime of quota criminal and plot criminal.In terms of penalties,it suggests transforming freedom-center penalty to finance-center penalty.In terms of remedies for the victims,it explores other possibilities.