Internet Copyright Administrative Law Protection

The administrative protection of copyright is a characteristic of the Copyright Law in our country. Mr. Shen Rengan who participated in the formulation and revision of copyright law pointed out that, "The administrative authority has the right to handle the copyright infringement, and this is a remarkable characteristic of the copyright protection". Lawmakers are expected to build convenient and high efficient property right protective system through powerful administrative enforcement of law, thus, the "dual system" is formulated in the copyright law, and administrative sanctions are imposed to the copyright infringement activity, aiming to enhance administrative protection against copyright, realizing the law concept of prompt popularization of copyright protection. Administrative authority made great efforts to crack down piracy and prosecute infringement, with great achieves.With the fast development of internet, traditional protection system against the copyright faced critical challenges. Network copyright administrative protection is one way used by the copyright protection administrative authority, based on the legal procedures, using legal administrative power to handle with all kinds of copyright dispute and prosecute various network copyright infringement in order to maintain the market order of network copyright and enhance the social protective concept against network copyright, to ensure efficient protection against subject of network copyright. Whether the administrative protection is necessary for network copyright, and how to protect if needed is what one of the tough matters we are facing now. By means of the analysis of internet works and network copyright characteristic, based on legal and principle definition of network copyright, this thesis considers the rationality of protection against network copyright and analyzes current situation and shortcoming of administrative protection, coming up with reasonable proposals to complete the administrative protection against network copyright.This thesis is composed of the following chapters:The Introduction stated the conceptual definition of network copyright based on the definition of network copyright and administrative protection, proposing the shortcomings of current administrations of network copyright and the drawbacks for practical use, thus, drawing forth the academic and practical values of this thesis.The first chapter elaborated macroscopic background and theoretical basis of network copyright protection from multi aspect of view, proving the strong theoretical background support for the exist of this system, including: First, network popularization brings great challenges for the copyright protection, an urgent demand of administrative protection is needed; Second, in the time of right, copyright should be protected as a constitution right; Third, this is a time of Knowledge Economy Age, the importance of copyright protection shows, demanding worldwide government to take every measures to complete it to meet with the new demand of copyright protection in internet environment; Forth, great pressure of network copyright protection is brought in under the time of global economic integration, and this is another important international background for the building and development for the administrative protection system in our country.The second Chapter considered the nature of the Internet Copyright Administrative Protection from multiple perspectives. First, defined the meaning of the network copyright and Internet Copyright Administrative Protection from the aspect of theoretical definition; then, analyzed the characteristics and classifications of the Internet Copyright Administrative Protection; last, demonstrated the advantages of administrative protection of copyright.Based on the existing Chinese laws and regulations in the field of Internet Copyright Administrative Protection, the third Chapter tried to indicate the current system deficiencies from all aspects. The fourth chapter made specific comments about institution improvement from the perspective of the Internet Copyright Administrative legislation and enforcement.