Criminal Protection On Copyright Of Network Works In China

Criminal law can't eradicate crime, but it is an important way to punish sinners and prevent crime. Whether the criminal control system is powerful and effective determines the effect in preventing crime. The crime of copyright under network brings forth many new problems, which challenges our country's criminal protection on copyright although it has been improved in the aspects of legislation and judicial practice. On basis of the comparison of domestic and foreign country's legislation about the copyright under network environment, the author tries to introduce some successful experiences into perfecting China's legislation. The thesis firstly briefly introduces latest research and development trend as well as the legislation, judicial practice and theory of the criminal protection on the copyright of network works. Then, under the explanation and analysis of theory, proposals concentrated on legislation and judicial practices are presented, thus to protect copyright under network environment by criminal law. The whole thesis is about 35,000 words and divided into six parts as following: The first part is a brief introduction of the current situation and fundamental theory of copyright. The second part focuses on the concept of copyright under network environment, and then by making contrast with traditional copyright, the thesis illustrates features of copyright under network environment in detail. The third part focuses on jurisprudence reasons through analyzing of criminal humanism, crime and penalty. The fourth part focuses on the elements of the crime of copyright under network environment; it separates the crime under network environment from the crime of traditional copyright, and comparatively analyzes four elements of the crime, its features as well as it behavior. The fifth part concentrates on the perfection of the criminal protection on the copyright under network environment in China. In order to solve the problems exited in China's current copyright system, some related strategies are presented by combination of correlative with law, statute, judicial explanation and related legal terms. The last part is the conclusion of the thesis.