A Study Of Infringement Judicial Issues On Information Network Transmission Right

With the development of Internet technology, the appearance of Internet not only help people access to information in special way they never experienced before but also make large change in life, such as in studying, in working and in entertainment. It has penetrated into every aspect of our real life, and the information age is gradually coming to us. In order to standardize network behavior, China promulgated a series of relevant laws and judicial interpretations. However, due to the global nature of Internet communication, the characteristics of virtual and the temptation of high returns, current law performance not satisfactory and the Network infringement events increasing year by year. The behavior that upload audio and video products to the network without the permission of the copyrighter become very common.As jurisprudent saying goes, case is cells of the law. We can never improve the rule of law without the fresh cases and the exploration of judicial practice. Based on the information network infringerment case this text offer a proposal of improving our information network safety system on the analytical basis, in order to make this topic to be discussed in-depth and provide assistance to legislation. Main features of the case presented, caseload growth , the scope of infringement augment, the invasion actions diversify, infringementcases related, amount of indemnity on the small side, withdrawing mediation ubiquity. Issues arising are as follows, firstly, the jurisdiction of the courts is difficult to define; secondly, the litigant difficult to identify; thirdly, unity responsibility principle is difficult; finally, the compensation is difficult to determine.Based on the studies above, the text bring up a proposal of improving our information network safety system. (1) Legislation: improvement of relevant legislation, ascertain jurisdiction of the courts, litigant identity, responsibility principle and Judicial compensation. (2) justice: improve protection system by strong civil matters, administration, penal and so on. (3) copyright management: pay more attention to network copyright management, innovation management. (4) Social protection: strengthening the network rights protection awareness and network ethics awareness.