Copyright Crime Research

With the development of market-oriented economy and civilization,various kinds of the offense against copyright occur frequently. Undersuch circumstance, the disadvantages of provision in current CriminalCode to deal with the offense against copyright are appearing step bystep. First of all, the thesis introduces the legislation about the offenseagainst copyright in developed countries. Afterwards the thesisexpounds the problems and deficiencies in the current Criminal Code, inorder to get a way to improve the Criminal Code.The thesis has 3 parts:Partâ… : the introduction and comparison of the legislation indeveloped countries and our country. This part introduces thelegislation to deal with the offense against the copyright inAnglo-American law system countries and continental law systemcountries, comparing the stipulation among these countries andconcluding the legal characters and experience in developed countries.The legislation in England about the offense against copyright is moredeveloped and efficient, for example, the legal system is more improvedand the protective objects are more extensive. So, from England ourcountry may draw lessons. In this part, the legislation in England is theemphasis.Partâ…¡: the deficiencies and problems of the current CriminalCode. This part is the focal point of the thesis, expounding thedeficiencies of the current Criminal Code to deal with the offenseagainst copyright. Our Criminal Code has some problems. First, thecharge doesn't accord with the offense object. The protective objects arelarger than the charge. Second, the provision of criminal act is not soexplicit. For example, the provision in the Criminal Code includes someacts which aren't against the copyright. Third, the element of "object ofprofit making" is not so clear in judicial practice and isn't in accordancewith the Criminal Code and Copyright Law. And the ambiguousness of the element of "object of profit making" in judicial practice is the mainpoint of this part. For this reason, the thesis suggests cancel the elementof "object of profit making" in the Criminal Code. The thesis willanalyze some kinds of "ambiguous act" to bear out such viewpoint.Fourth, the MTV can't be protected under the current Criminal Code.Fifth, the offense against copyright should be classified into the offenseagainst property. It's more reasonable, because the intellectual propertyrights should be classified into the property right and it's better toprotect the civil right in this way. Sixth, the provision in the CriminalCode is not in accordance with the Copyright Law. The Copyright Lawrevised in the year of 2001 but the Criminal Code has not revised withthe Copyright Law.Partâ…¢: some suggestions to improve the legislation about theoffense against copyright. This part gives some suggestions to improvethe legislation about the offense against copyright. The thesis upholdsexercising the property punishment to penalize the offense againstcopyright and establishing the punishment system of excising the finepenalty mainly. Meanwhile, the executive rules add some punitivemeasures to confine or deprive the criminal subjects of the relativequalifications.