Research On Network Crime Of Intellectual Property

The issue on protecting network intellectual property by criminal law is a crossing and fringing research field which is emerging in recent years. This research requires the pursuers to do the following things: researching the issue on protecting intellectual property by criminal law, grasping the latest research and legislation trend both home and abroad, and setting forth theory viewpoint, rising legislation advice according to China's specific situation. All these are greatly challenging the pursuers. Now, the degree of digitization in our country is gotten off the mark, and the requisite practice for theoretic research is of deficiency. The protection on intellectual property by our criminal law is not fit for the practical need in constructing socialist market economy. Viewing from our legislature's schedule, the theoretic research on protecting network intellectual property by criminal law is on the starting, but this kind of research is inevitable and not temporary as a result of the development of legal concepts.This thesis, discussing the issue of crimes against network intellectual property, offers some approaches for rightly understanding and grasping the issue. The content of this thesis is as following: Chapter one analyzes criminal classification and differentiates some similar concepts. Through this, the author nails down the connotation and the extension of the crimes and it's legal types. Then, the author concludes and analyzes the ways of actus reus. At the end, the author analyzes the new issue on protecting network intellectual property by criminal law. Revealing the new characteristics of criminality is to point out the hardship of protecting network intellectual property by criminal law. And analysis on the challenges to traditional criminal law is to pave the way for the following discussion.Chapter two discusses the essential composition of the crime against network intellectual property. This will be good for grasping this kind of crimes.Chapter three, using three typical cases, make analysis on the difficult cases which are faced to judicial practice, and offer some ideas to help analyzing cases of this type.Chapter four sets out the challenges brought by the crime against network intellectual property, analyzes the current legislation response and existent problem, and advances some progressing suggestions.It is not an accomplishment in an action to formulate criminal system protecting on network intellectual property, establish and regulate criminal policy according to the particularity of this criminal action, perfect the legislation, and use proper penalty in order to punish and prevent criminal action. Along with the progressing legal concepts and the further development of criminal and punitive theory, we should constantly sum up practical experience, import and learn useful experience from advanced countries, dig out the defects and improve it. The author will go to further study on the above issues.