On New Problems Of Copyright Crime In Network And Criminal Law Response

Development of network technology has provided more accessible and more covert illegal means to criminals. In the knowledge economy era, copyright crime sunder network develop along with the increasing development of the network. In this context, how to make Criminal Law protect the copyright more efficient has become both theory and practice problem that cannot be avoided.The first chapter introduces the copyright crime under environment of network. First, the concept of copyright crime in network is defined and the concept of network environment, the network works and network infringement is clarified. Second, this chapter introduces the legislation of copyright crimes under the network environment in different countries so that make a clear sense of legislation.The second chapter analyzed that compared with traditional copyright crime, copyright crime under network environment gets six unique characteristics. They are: the broad subject of crime, the diverse purpose of crime, the intangible nature of the object, the convenient to commit a crime, the seriousness of the consequences of crimes and the complexity of the object. All this characteristics brings great challenges to our country's Criminal Law. In Criminal Law, the purpose of crime, crime objects and circumstances of the crime is clearly lagging behind criminal legislation should be in the network environment. Identifying the subject of copyright crimes and criminal behavior found there are many pressing problems in judicial practice.The third chapter researches on the problems of China's criminal legislation caused by copyright crime in network and seek a solution. In response to the challenges of network environment, our copyright criminal legislation protection should be expanded in many ways. In criminal purposes, "for- profit" should not be reserved. In objects, such as databases, copyright protection measures and rights management information should be protected by Criminal Law. In the circumstances of the crime, the illegal income and business turnover should be abandoned as the sole criterion to measure the severity of crimes, but should be replaced by how acts do harmful to society. In crime objects, the situation that Criminal Law protects property rights only and neglects moral rights should be broken.The fourth chapter clarifies the criminal justice issue brought by criminal problems under network environment and put forward ideas of solutions. Network connection service providers, Internet content providers and end-user should share criminal liabilities. And the thesis defines the conception of digital behavior, temporary reproduction,"Private Server"and"Outside Hang". The thesis also analyzes whether the public information on the network can become the object of copyright infringement.