Disscusion About The Construction Of National Law System On P2P Network Broadcasting

Are the downloading and uploading by P2P software legal or illegal? There are different opinions about it between judicature and law scholars now. As it is very popular in the using P2P software to download and upload files, the duty of constructing our law system of P2P network broadcasts is becoming very urgent. If the downloading and uploading by P2P software are simply regarded as legal now according our nation law, it will encourage those P2P software users to broadcast more forged files through network , and the writer's benefit will be destroyed seriously. On the same time, the society will become more nervous than before. This is a serious game between the benefit of society and the one of writers. We should study the law relationship of the network broadcasting by P2P software and the allocation of right or responsibilities as to judge whether these activities are legal. So we can construct the modern law system of P2P network broadcasting in order to develop our nation economy and people's entertainment life.This paper includes three parts: The first part introduces the development of P2P software in China and our nation relative law for P2P network broadcasting. Then we reflect those shortcomings of our nation legislature on it .The second part describes the foreign relative law as well as the relative law of Hong Kong and Taiwan in order to reflect the gap of legislature level between our nation and developed countries .The third part is the most important part in this paper that focus on the solutions and advices to construct and betterment our law system of P2P network broadcasting.