Copyright Crime Research

Copyright system is an important mechanism for promoting the progress of human knowledge. In recent years, the intellectual copyright holders of the coveted results repeated lawless elements, who brought great losses to the related rights. To curb the endless copyright crime, the whole world is intensifying in the criminal copyright protection. Although the Copyright Law in 2001 a more substantial amendments, the Criminal Code to protect copyrights, whether in theory or in practice there are still many issues of justice.The number of copyright protection controversial theoretical issues analyzed. Firstly, copyright legislation in the criminal system to be taken to protect strategic issues, the authors believe should take strong protection strategy. Criminal copyright provisions should reflect the attributes of confidentiality, attention to balance individual rights and social interests, will be the first priority in the protection of the interests of copyright holders on the basis of balance between the protection of the public interest.Secondly, the constitutive elements of crime of this text to copyright crime carry on evaluation and analysis, I think the object of crime of the copyright crime is a complicated object, take " copyright owner's work rights and interests " as the core, in order to complement " country management system in the copyright ". Copyright protection for the interests of the scope of criminal law, according to the scope and content copyright changes made accordingly. Copyright in criminal targets, excluding non-copyright works attention, and attention to new manifestations of copyright works. About subjective aspects of the crime, the fault should not constitute a crime. In sin should abolish the "profit" restrictions. In criminal objective, we should maintain a clear violation of copyright offences manifestations.According the current judicial practice, I explain how to correctly apply the Criminal Code articles 217, 218 on crime, increment and different crimes.Analysis in theory and practice, on the basis of this proposed legislation strikes my criminal copyright protection system. That the criminal law should be combined with the subsidiary model, a model of the Penal Code to establish the merits of our copyright legislation unique crime patterns. At the...