On The Criminal Protection Of Copyright In China

Nowadays, copyright has already become one of the hottest issues for the international community, China also have to face to the major problem in the process of socialist marketing economy. Since 1970s, the international community has contained the copyright criminal actions through the establishment of laws and regulations, such as the international laws and TRIPs, what’s more, it has played an important role in the criminal law and gradually established a relatively complete system of copyright protection of criminal law for all people. After that, our country followed the footstep of the world, promulgating a series of laws and regulations to protect copyrights. Gradually, China established civil law, criminal law and administrative law for a legal system to protect China’s socialist science and culture cause can be carried out smoothly. However, compared with many other developed countries and regions of the world, China is sack of criminal protecting for the copyright, and there are many deficiencies in the legislation and implementation of the Legal Protection of Copyrights. Therefore, I will study the Legal Protection of Copyrights further.In this paper, I will discuss the Legal Protection of Copyrights through four parts. The first part is an overview of copyright legal system, including the meaning of copyright, history and the theoretical basis of the copyright and copyright law protection systems; the second part describes the criminal copyrights protection in common law system and civil law system, trying to supply the deficiencies that exist in our criminal copyright infringement by foreign legislation; the third part discusses the judicial determination for copyright crime; the part four discusses the deficiencies and improvement suggestions for criminal protection, including the abolition the rule for subjective purpose, expanding criminal acts of copyright, expanding the scope of copyright objects, changing public prosecution to private prosecution, consummating our country’s fine punishment system, making attention to the victims’ financial compensation. I hope that our country’s criminal copyright protection system will improve through these ways, and promote the development of China’s social harmony and stability...