| In recent years, the plug-in crimes occur frequently. Criminal law protection of China’s online game industry is facing enormous challenges. At present the definition of plug-in has many unscientific and unreasonable places,and people also have many erroneous opinions on the plug-in software. Based on the analysis of problems stirred by current plug-in software definition, the author want to give a scientific definition for the plug-in software by studying the nature of it. In accordance with the existing Criminal Code, plug-in behavior possibly to constitute the destruction computer information system behavior, infringement copyright behavior, the illegal management behavior. The "serious consequences" of the crime of destroying the computer information system is not clear and the existence of the replication behavior of the network game program in the crime against copyright is difficult to identify. Moreover there is no specific provision that the plug-in behavior constitute the crime of illegal business operation in China’s relevant laws and regulations, and the judgment that the court sentenced the defendant in the case lacks the basis. In order to solve the problems exposed in the trial process, the author propose to improve the recommendations in the judicial interpretation and criminal legislation two aspects. In the judicial interpretation aspect, I suggested established the detailed appraisal standard of the "serious consequences", the reproduce and distribute in crime against copyright. In legislation aspect, I suggest to set up the sale,the use,disseminates the online game plug-in software crime to strengthen the criminal law protection of the online game industry. |
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