| This article is a study paper of analysis of the case, mainly includes five parts.The first part is the main points of a case. Namely, Dong and Chen using plug-in to makeprofit with helping others upgrade.The second part is the introduction of the case. The case is specially in using plug-in tomake profit with helping others upgrade. This is a new problem, without clearly law norms,so, there is a big debate on how to deal with the behavior in the judicial practice. This partdescribes the basic facts and the court.The third part is the focus of controversy over the case. This case’s dispute key lies inwhat is the nature of using plug-in to make profit with helping others upgrade. The writersummarize three dispute keys. First, whether Dong and Chen suspected the illegal businesscrime. Second, whether Dong and Chen suspected the damage computer information systemcrime. Third, whether Dong and Chen suspected the infringe copyright crime. And listed therepresentative disagreement round the above three dispute keys.The fourth part is the case assessment. The writer do some theory analysis on the illegalbusiness crime, the damage computer information system crime and the infringe copyrightcrime. Especially analysis the illegal business crime,put forward some proposal about how toapply the fourth paragraph of article two hundred and twenty-five of the criminal law. Thencombining the case, the writer focus on analysis the objective of above three crimes. After analysis we know that "using plug-in to make profit with helping others upgrade" does notbelong to the above three crime’s objective.This fifth part is the research conclusions. The writer considers "using plug-in to makeprofit with helping others upgrade" does not constitute the illegal business crime,the damagecomputer information system crime or the infringe copyright crime. Dong and Chen areinnocent. So, the procurator organ should withdraw prosecution, or the court should make anot guilty verdict. However, the administrative authority can punish Dong and Chen on theirtax evasion, no card to manage, etc. The aggrieved can recover their losses through the civillitigation, they also can warn the game players with titles, degradation, closure. Meanwhile,our legislature can make laws to make up for this vulnerability. Eventually to solve dispute,push forward our legal process. |
