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On Criminal Protection Of Copyright

Posted on:2014-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y H WangFull Text:PDF
GTID:2266330422952615Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
From the founding of the People’s Republic of China in1949to August1990,China has not issued any systematic Copyright Law, let alone the copyright criminallaw protection provisions. Therefore, the criminal protection of copyright in ourcountry started later compared to other developed countries, but since the reform andopening policy, our country’s copyright protection has experienced from scratch, andgradually from the initial shape to a complete process. At present, we also set up arelatively complete system of protection in the criminal legislation of the copyright.Corresponds to a copyright criminal legislation at the same time, the relevantacademic research of our criminal law on copyright protection has flourished. Theacademic circles made a deep research in copyright protection from general theory,crime constitution, penalty applicable, legislation and other issues, which madelegislation, academic research and judicial practice promoted in each other. Theresults in both quality and quantity are surprising, but there are also many problemsneed to study and discussion in depth.This paper is divided into three parts except the introduction. The first part is abrief introduction of copyright law protection, it is mainly includes the concept ofcopyright protection of criminal law, and introduces the copyright criminal legislation,the criminal protection of copyright, then analyzes the choice of value of criminalprotection of copyright in our country even in another foreign countries. Due to ourcountry’s current national conditions, the legal system is different in mainland Chinaand Hong Kong, Macao, Taiwan, and the criminal legislation about the copyrightprotection is also very different. So not only the mainland copyright criminallegislation, but also the general situation of the legislation of Hong Kong, Macao andTaiwan regions is elaborated in this part. Foreign criminal legislation on copyrightprotection profile will be selected from several countries as representative, and thedifferences between them will be compared. And some suitable legislative proposalswill be given according to the basic situation of our country. The second part ismainly to analyze several problems in practice. In the third part, the author put up some recommendations to improve the legislative of copyright protection according towhat is said in the preceding two parts of this article.
Keywords/Search Tags:Copyright criminal system, Crime of copyright infringement, Crime of selling infringing duplicates
PDF Full Text Request
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