A Comparative Study On Criminal Law Protection Of The Copy Right

So far, the international communities have concluded a series of Conventions related to copyright. Among these Conventions, contexts on criminal law protection are increasing. The criminal law protection on copyright has developed and improved worldwide, but with respective characteristics in value selection and law practices. This thesis is aimed to intruding and comparing the practices in individual countries and making proposals for China when taking into account Chinese characteristics.In Chapterâ… , I made a comparative study on individual countries' value selection on criminal law protection of copyright. As a developing country, China should make efforts according to its abilities and strengthen protections on the basis of "the minimum standards" principle.In Chapterâ…¡, I wrote five sections to represent five big issues on the present practices of criminal law protection on copyright in individual countries. In sectionâ… , I compared three legislative models: the decentralized, centralized and the combined model. I think the last one is an ideal mode. In sectionâ…¡, I compared each countries' protection scope: common law system put an emphasis on property protection while civil law system emphasize on habeas corpus. China also emphasize on property protection but with a narrower scope. In sectionâ…¢, I compared the subjective and objective indictment. In sectionâ…£, I compared the penal system on copyright crime in individual countries. In sectionâ…¤, I introduced the criminal procedures in foreign countries and in China.In Chapterâ…¢, I made streamline proposals on five aspects. Firstly, we should adopt the combined legislative model with an emphasis on the attached criminal law. Secondly, we should expand the scope of protection and add related imputation. Thirdly, we should adjust the present conviction components by abolishing the stipulations of "with profitable purposes", and "the amount of illegal income". Fourthly, we should shorten the term of prison, increase the amount of money sanction and substantially protect the injured party. Fifthly, we should make a series of efforts on criminal justice, such as the expediency of private prosecution and public prosecution, the convert of the burden of evidence, the establishment of an integrated tribunal to handle the intellectual right cases.