Research On Copyright Administrative Punishment In China

Premier Li Keqiang proposed to strengthen the enforcement of intellectual property rights in key areas". In the copyright administrative law enforcement, the administrative penalty is its core content. Realization of the legitimate rights and interests of the protection of citizens, legal persons and other organizations, to maintain the health of the market order, promoting knowledge dissemination of culture and prosperity of the effect can be by striking the violation of civil rights and public interests. Copyright law is the concept of a boundary is fuzzy and distinguishes "related to copyright law enforcement" and "the administrative department of copyright enforcement", can be found the copyright administrative punishment is the core of copyright enforcement. Copyright belongs to the private right, this no doubt, but administrative power intervention in the private domain has legitimacy, from the perspective of public law. First of all, one is the seen from the perspective of the history of development of public law, modern copyright and the constitution since the beginning to today is promote mutual relations, copyright have originated from the restrictions of the feudal monarchy, copyright generated on the modern constitution produced positive significance, through the "precedent" can be negative to isolate the private law view with copyright; the second is card into the internal point of view, the copyright system settings, public power intervention is the inherent requirement of the constitution of civil and cultural rights protection. From our country currently copyright administrative punishment on the subject of law enforcement and punishment range, and the convergence of the copyright of punishment, punishment procedures on four angles analyze, on the current legislation or policies were introduce and comb, found that in practice there are still some problems, including law enforcement responsibility and ability of responsibility difficult to match, the scope of the copyright administrative punishment expressly "public interest" premise is difficult to operate, the program needs to be improved, and the penalty of poor connection etc.. By comparing with the copyright administrative penalties, we can also see that China’s copyright administrative punishment in the general direction of heavy domestic and foreign, is not conducive to the development of domestic trade and economic. Based on this, put forward some countermeasures, in terms of subject of law enforcement shall strengthen under the network environment the construction of law enforcement contingent, responsibilities of various optimization, further improve the comprehensive law enforcement work; cancel the copyright administrative punishment in express the "public interest", the premise, the abuse of copyright behavior into the scope of punishment; punishment procedures, cancel filing conditions reported a, in the procedure of punishment do information disclosure, the rich under the network environment copyright enforcement tools; further improve the convergence and the penalty on the substantive rules and procedural; pay attention to the works copyright trade extraterritorial protection, improve on extraterritorial infringement of copyright administrative punishment mechanism. Public power intervention copyright, to specific behaviors of administrative penalty, not only should not be a threat to the private rights, its legitimacy is just established on the state protection of the cultural rights of citizens. At present our country although established a relatively complete copyright administrative punishment mechanism, but in practice still exist many problems.