On The Protection Of Copyright Legislation To Improve Criminal Law

Legal protection of copyright is one of the international hot topics and an important task encountered in the socialist construction of marketing economy and advanced culture in china. Along with the copyright economic value increase, infringement copyright criminal activity more and more is also rampant, which has caused the serious harm for copyright owner's economic interest, In order to attack infringement copyright severely the illegal criminality, plays from the 20th century 70's, the various countries and the related international organization in abundance use the criminal activity sanction in the legislation, until now has established the quite perfect copyright criminal law protection system, thus regarding maintains copyright owner's benefit and the fair competition market order, safeguarded and promotes humanity's innovation ability to get up the vital role. Ever since 1990s,a series of laws and regulations have been published one after another , a comparatively improved legal system of copyright protection has been set up, of which the mainstream is administration law and civil law ,criminal law plays a supplementary role .It plays important guaranteeing and facilitating roles in flourishing and developing socialist scientific and cultural causes, facilitating exchanges of international economy and culture or even construction of a state which brings forth new ideas. In the legal protection system of copyright, criminal law plays an important role in punishing serious acts of infringing copyright by its final destination and special toughness. As for the provisions concerned about Criminal Law 1997 and Copyright Law 2001, we can see that constitute elements of crimes are clarified such as object of crime, ways of acts and subject etc. in the structure of penalty, property and liberal penalty attracted the same attention. But, compares with the world each developed country stipulation as well as the international joint pledge request, our country's infringement copyright crime crime stipulation also has the deficiency, has to a certain extent affected the copyright criminal law protection result, thus becomes countries and the international organization and so on the US, European Union accuses the Chinese copyright criminal law protection which is not strength the important excuse, in view of the fact that this we have the necessity to conduct the thorough research to it.This article mainly to encroaches upon the copyright crime and the criminal legislation through four aspects launches the elaboration, the first part is the copyright criminal law protection outline, introduces our country through four small questions at present the copyright criminal law protection present situation, namely our country copyright criminal law protection evolution, infringement copyright crime present situation, present criminal law to copyright protection, copyright criminal law protection legislation decree. The second part was to encroaches upon the copyright crime to carry on in the comparison test inspection, the analysis various countries, various local characteristic, tried to discuss about infringement copyright crime , in order to profited from for our country copyright criminal law protection theory research and the criminal legislation. The third part pointed out the copyright criminal law protection legislation stipulation exists flaw. Corresponding gives the revision perfect comment in the fourth part. Namely the restructuring legislation pattern, causes between the law to coordinate the unification, our country may adopt the blank indictment way while the penal code to encroach upon the copyright crime to make the principle stipulation, through the copyright law stipulation, the refinement infringement copyright crime indictment, through maintains the criminal law to the copyright method revision keeping pace with the times, on the one hand like this does not violate the criminal law stability, on the other hand to the copyright which developed unceasingly has also carried on the rules and regulations; The development criminal law to the copyright the extent of protection, at present our country protects the law net lax question through the analysis which the copyright aspect exists, suggested the criminal law the extent of protection expands to the entire adjacency power, expands to the obligee personal rights protection by the strict criminal law net; Penalty even more rationalization, in to encroaches upon the copyright crime in the punishment, should establish the qualifications punishment, the attention and consummation fine punishment being suitable; The increase, the enrichment related crime, through compares with other countries, discovered our country present criminal law cannot reflect accurately to the copyright protection stipulation , therefore has the essential addition related charge; discussed infringement copyright crime to turn over to the responsibility condition subjectively, and should obliterate infringement copyright crime to constitute "to seek to make a profit the goal" this condition, "the illegal obtained amount" will revised "the illegal management amount", will be next the power and the copyright discrimination, affirmed this crime criminal object should have the status; The enhancement regarding the copyright crime victim rights and interests , through protects the aspect with other countries in this crime victim, the author suggested that, the equipment which in the processing infringement copyright crime case, regarding ferrets out which confiscates the right infringement replica as well as uses in duplicating, may give the victim according to victim's request, to the victim who has the loss carries on the effective compensation.