The Definition Of The Crime Of Copyright Infringement Analysis

This paper, taking "Chen infringed Tencent Inc copyright case", in the case of indirect profit, copyright license, copy and distribution, identification of the illegal income several controversial as the breakthrough point, several difficult points analysis of copyright infringement crime in our country. Elements, through the interpretation of the crime of copyright infringement crime, objective is to study our country the crime of copyright infringement and copyright dispute, the general tort; Difference between the crime of copyright infringement and selling the infringing copies, the crime of counterfeiting registered trademark crime, production, copying, publishing, selling obscene goods crime, in order to clearly define the copyright infringement in china. Through the study on present situation, causes our country the crime of copyright infringement to indicate that the crime of copyright infringement has universality and harmfulness, the present situation and the insufficiency of our country better Pro make copyright crime; Compared with the United States France and other countries the relevant legal provisions, that the crime of copyright of our country’s criminal legislation has some defects, the subjective elements of the crime of infringement of copyright and the cancellation of the crime of copyright infringement "for the purpose of profit", perfect the crime of copyright infringement behavior, improve the offense constitution and improve the four aspects of the legal punishment of infringing the copyright crime in our country’s legislation to do theoretical suggestions.This thesis is divided into5parts:The first chapter, case and judgment of infringement of copyright by Chen in the case, to tease out the case during the examination of several controversial points.The second chapter, the basic theories of the law related to the basis, by analysis to the case in dispute problem. The third chapter, through the case analysis of the crime of copyright infringement of the definition, characteristics, constitutive requirements, legal protection, the correct definition of the crime of copyright infringement, the difference between the difference between a copyright infringement and copyright disputes and violate copyright crime and other crimes.The fourth chapter, the reason, the current order of infringement of copyright crime legislative status and defects, makes the theoretical analysis of the copyright crime legislation perfect view.In the conclusion part, summarizes the above analysis, and further clarify the definition of copyright infringement crime in our country, reaffirms the significance of perfecting the criminal protection of copyright.