Behavior Determining The Nature Selling The Pirate Audio-visual Product Studies

China is a big market, but culture has a large number of piracy in audio and video products, this is our country joins WTO, intellectual property protection meet of the most serious problems. With the deepening of economic globalization, the Chinese judicial protection of intellectual property rights, and gradually increase the strength in judicial practice, judicial departments have dealt with the case of selling pirated audio-visual products is increasing. But, in the judicial practice on selling pirated audio-visual products are not unified, some qualitative to the crime of illegal business operations shall be convicted and punished to violate copyright crime, shall be convicted and punished in sales infringing reproductions, some sin shall be convicted and punished. Therefore, through the analysis of the crime of illegal business operations, and sales of infringement of copyright infringing reproductions of the crime, discussion and research of selling pirated audio and video products, not only the behavior nature possesses the theoretical significance and practical significance of more strong.This article mainly from the perspective of judicial practice, li mou through selling pirated audio-visual products of the case, analyzes the crime of illegal business operations, and sales of infringement of copyright infringing reproductions of the crime, three SINS constitutions, and the relationship between the case facts, li mou selling pirated audio-visual products sales infringing reproductions of sin.This is divided into four parts:The first part is the case is introduced. Summary introduces selling pirated audio and video products, li mou of huge amount of illegal income to the case factsThe second part is the focal point. The focus of this mainly in the following aspects: (1) selling pirated audio-visual products whether belong to the behavior of the crime of illegal business operations constitutions "other disrupting the market order of illegal business activities"? (2) sales infringing reproductions of sales of infringing the Copyright Act and act to reproduce and distribute the relationship and the criminal law and article 217 218.The third part is the case of dispute and disagreement. For li mou selling pirated audio and video products, a large amount of illegal income, how behavior basically has 3 kinds of different opinions: an opinion, the area of the criminal code act with prescribed in article 225 paragraph 4 of the "other disrupting the market order of illegal business behavior", should constitute the crime of illegal business operations, A view of criminal behavior, li mou conforms to the provisions of article 217 "without permission from the copyright holder, copy issued" behavior, shall constitute infringement of copyright crime, The third kind of view is that the area of the criminal code act fully comply with article 218 stipulated profit-oriented, sales are criminal law article 217 of the infringing reproductions, and unlawful income shall constitute the sales amount is huge, infringing reproductions.The fourth part of the legal analysis. This is the key part of it. First, through the analysis of the criminal law and the relevant provisions of article 225 judicial interpretations of the crime of illegal business operations, the illegal business behavior is not in the general sense, but illegal business operations of national importance of franchising operation regulations, therefore, in this case the area of act doesn't constitute the crime of illegal business operations, Secondly, the criminal law article about the meaning of the sales 218, shall adopt special sales behaviors, namely the audio-visual products from pirated copy issuers buy again after sales behavior, For the criminal law and article 217 of 218, ought to think, the criminal law and criminal law article 217 218 exists between the law of criminal law article 218 tolerance relation, is a special case, just as the behavior, li mou shall constitute sales infringing reproductions sin rather than violate copyright crime.