On The Criminal Protection Of Cultural And Creative Industry

Culture is a kind of power, cultural competitiveness is the Core Competences of a nation. Cultural and creative industry is the product of culture and economy which combined culture, technology and creativity. It’s totally a new industry characterized by intellectual property in transaction. Cultural and creative industry can only be formed since the economy and society reached certain level. And now, cultural and creative industry has become a new model of economic growth.The concept of cultural and creative industry was firstly raised by Walter Benjamin in1926. And the world start to accept the concept of culture industry since the British government named it. China raised the concept--cultural and creative industry in the late of the21century. It is somehow different from previous concepts but not that far. The "cultural and creative industry" in this article is a high-end industry, a core component of creative industry and an intersection of these two.Cultural and creative industry is so closely related to the intellectual property, it cannot leave the protection of law. Considering present situation, the protection of civil law is not enough, only the criminal law can provide an ultimate protection. Combined with the civil law and the administrative law, make the cultural and creative industry secure. But the moderation should also be considered.Otherwise, this article proposed that the protection of criminal law should start by the idea that converting weak protection to strong protection and other ideas like coordinating with other legal protection, balancing the obligee interests and the public interests and so on. Meanwhile, this article also proposes several suggestions to the related problem of the criminal law to make it more practical.The main results are as followed1) Proposing that the cultural and creative industry is an intersection and figure out the relationship among cultural industry, creative industry and cultural and creative industry through their origin and development.2) Proposing that the relation of cultural and creative industry and the protection of criminal law. Show that the protection of criminal law is essence to the development of cultural and creative industry by discussing the link of culture-industry-creative-intellectual property-criminal law. 3) Proposing the basic idea of the criminal law protection. It should start with converting weak protection to strong protection and other ideas like coordinating with other legal protection and balancing the obligee interests and the public interests.The main content of this article is as followed:Firstly, start by the conjunction point between the economic development and the development of the cultural and creative industry and state its necessity and relevance.Secondly, to clarify the concept related to cultural and creative industry, show its prominent role in cultural industry and the central role in creative industry. And the core of it is intellectual property.Then, demonstrate that the characteristic of the cultural and creative industry lead to the dependence on the protection of intellectual property. And take the comic industry as an example to prove their close relationship.After that, this article discussed the UK, the US and Japan’s present status of the intellectual property protection and to reveal the weakness of the system.Finally, as the necessity of criminal law protection to the intellectual property is considered, this article still discussed the moderation and thus made several suggestions.In the conclusion, author sum up the main results, experience, pointed out the innovations and shortcomings, and looked over the future.