Against Technical Measures Of Criminal Responsibility

In this article, we will study the problem of criminal responsibility about the violation of technological measure. The violation of technological measure means that it violates the protection of intellectual property rights or some technical measure which is related to intellectual property rights. In order to write conveniently and keep consistent with current laws and theory, we take the name of violation of technological measure.The main body of this article has been divided into three parts that include six chapters. Before the main body of the article, I had attached a part of foreword. The foreword is used to explain under the macroscopic angle of view. It includes the deep change of society and the influence of crime law that the network and computer bring about. We point that the influence of network and computer can not be reversible from the whole view, and the provision of crime law has to adjustments itself according to this period background in order to fulfill the function of it. The violation of technological measure is a new problem that the period gives the crime law. Technical measure had been produced under the premise of developing of computer technology .As a double side sword, network and computer provide broad platform and degrade the threshold at the same time.The fist part of main body includes the fist chapter witch contains the outline of technical measure and the second chapter witch contains the actual analysis of violation of technical measure. In fact, it is the upholstery for next discussion of expansion about criminal responsibility towards violation of technical measure. The fist part is not the core of article from whole view, but it is foundation for next step. I explained the concept, function, classify and nature of technical measure. To be exactly, it falls into the field of intellectual property rights law. Because of the different view of that field, and it is closed to my elaboration, I tried to span the discipline. The second chapter is the analysis about fact. I analyzed the performance and dangers of violation of technical measure. The performance is presented by cases and news data, and the dangers are discussed by direct and indirect level.The second parts of main body of the article include both three chapter and four chapter witch includes analysis of feasibility and Criminal responsibility about violation of technical measure. The study is step into the crime law provision level from this chapter. Firstly, I analyzed the national strategy of intellectual property rights that it is related to violation of technical measure. And point out that different nation own different scope of protection on basis of various situation. At a result, it should take the fact of our country into account at the time of recognizing the criminal responsibility towards the violation of technical measure. But it is an inevitable chooses that regulating our technical measure on crime law level. I analyzed that if the violation of technical measure exists in our crime law provision, and at the same time analyzed the effectiveness of the rules. I state that our current crime law is not able to regulate the act of violation of technical measure effectively.The third part of main body of this article includes fifth chapter and sixth chapter. In chapter five, we regulate the short-term method towards the protection of technical measure violation which is the expansion explain of traditional crime. In chapter six, we motioned ideal pattern of regulating violation of technical measure that is the sole crime. The third part is the core of this article, the ultimate purpose of analysis is to solute it. In part three, I suggested two feasible methods that the crime law should deal with toward the violation of technical measure. Under the unchanging station of current crime law provision, expanding the scope of traditional crime rules through extend the explanation of crime law. In this way, we can regulate the act of violation of technical measure effectively. I suggest that sole criminal legislation should be established toward the violation of technical measure. From the angle of long-term and effectiveness, it is an inevitable choose that we take the violation of technical measure into crime. Author will try to analyze the provision design of concrete act and the construction of charge system.