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On The Criminal Law Protection Of Copyright In Our County

Posted on:2012-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y M XueFull Text:PDF
GTID:2166330332997630Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Copyright is the right to the owners who have the works,as one of the three major pillars of the intellectual property right,it's an important roal to improve our country's cultural, social and economic development. With the crime increasing gradually,we need to perfect our country's criminal protection urgently.The important countries and areas of the world all have perfect rules on the criminal protection of copyright,throw selecting suitable legislate mode,setting reasonable charges and the range of the protection and the behavior, setting reasonable objective and subjective aspects of a crime for,perfecting the rules of the criminal responsibility,choosing the suitable modes, strengthening the protection of the victims' relief and so on to strengthen the protection on the criminal law protection of the copyright, effectively protecting the rights and interests of the owners of the copyright and the market order.By comparison,we still have quite a few shortages on the ptotection,such as lacking the sufficient understanding to the value of the copyright,not choosing the suitable legislate mode,the charges and the range of the protection and the behavior is limited, the objective and subjective aspects of a crime for are not setted reasonably,the setting of the claim procedure is not fit to the protection of our country, the rules of the criminal responsibility is not perfect and not emphasizing the use of the fine penalty, the modes is not suitable, the protection of the victims' relief is not sufficient and so on.Facing all this shortages and problems,we need to take action to perfect our country's criminal law on the copyright to strengthen the protection,such as we first need to attach great importance to the copyright,put the criminal law as the effective surport to the other laws to perfect the whole system on the copytight protection;increasing the charges suitably;enlarging the range of the protection and the behavior;not asking for the profit purpose for all the charges;perfecting the rules of the circumstance of the crime,not only attach importance to the using the criminal amount as the standard but also put more attention on the use of the other circumstance,at the same time,we need to turn the illeagel gains as unlawful management gains to make the standard more suitable;attaching importance to the using of fine penalty,and using multiple or percentage to calculate the gains;making the private prosecution as the main mode and the public prosecution as the assistant mode in the procedure;strengthening the protection of the victims'relief, perfecting the calculation standards of the owner's loss,making great point on the compensate of the victims and so on.In a word,we need to take available measures to make the whole system of our country's criminal law protection of the copyright better and better,strengthening the protection to the rights of the copyright owners constantly,sticking up for the order of socialist market better.
Keywords/Search Tags:copyright, the criminal protection, comparative study, shortage and perfection
PDF Full Text Request
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