Research On Legislation Perfection Of Copyright Nfringement Crime

Along with the rapid development of the information age and digital technology, thereexists new copyright crime legislation that is constantly adapting to the challenges of theever-changing forms of copyright infringement. Existing provisions for copyrightinfringement are based on behavior patterns and there is distinct lack in the criminalregulatory system for penalties.This paper is written from the perspective of criminallegislation. It is intended to provide systematic improvement to our existing copyrightinfringement legislation. It is sub-divided into three parts.Chapter One: Overview of copyright infringement crimes. This chapter describes theconcept and characteristics of copyright infringement. It reviews the direction of China’scopyright infringement crime legislation and it offers an analysis of the overall situation ofcopyright infringement as it pertains to the new characteristics of this criminal act.Chapter Two:Legislative deficiencies in China’s copyright laws. This chapter focuses on thedeficiencies China Criminal Protection legislation. It provides an in-depth analysis to improvethe legislation on a realistic basis. A series of shortcomings exist and definitely need to beimproved in legislative mode, target criminal confirmation, protection scope, criminalbehavior, offense constitution, the penalty allocation and financial compensation to victims.Chapter Three: The Legislative Model of Copyright Protection in China. Based on formerresearches, this part mainly explores the direction of how to perfect criminal protection ofcopyright in China. In the matter of legislative mode, criminal law code and subsidiarycriminal law can be applied compliantly. To constitute a crime, the abolition of determinationof target criminal is necessary. In the matter of crime behavior, coherence with copyright law,equal protection of works that are included in copyright law, strengthening the protection ofcopyright owner’s personal right, perfection of conviction all need to be taken intoconsideration. In the matter of penal system, we should appropriately adjust punishment range,improve the penalty of criminal fine, add qualification penalty. In the matter of mechanism,improve victims redressing mechanism and civil-criminal relation handling mechanism.