Legal Analysis Of Ling Yongchao Selling Pirated Discs

In recent years, the country has increased the crackdown on the criminal activities involving in Infringement of intellectual property. However, there still exist some divergences in designating the selling of private discs as copyright infringement, crime of selling infringing duplicates or crime of illegal business operations. The main problem in the judicial practice is how to define the relationship among copyright infringement, crime of selling infringing duplicates and crime of illegal business operations, and how to make the right judicial cognizance on the selling of private discs.This paper tries to make an analysis and a contrast of the three crimes above in order to make sure the activity of selling of private discs receive appropriate cognizance in the criminal law, besides, regarding to the related problems that exist in the judicial practice, some suggestions for improvement are also given in this paper. Based on the concrete analysis LingYongChao selling pirated discs of the case, more troubling is the qualitative behavior of three different charges,to reveal their different applicable objects, the difference between the comparative analysis of three different charges, to correct such behavior qualitative provide legal support, and then according to their own opinions, put forward relevant Suggestions, make this problem to get a better solution,Full text in addition to the introduction and conclusion, can be divided into three parts, the main contents are as follows:The first chapter LingYongChao selling pirated discs case is introduced and the controversial focus. Introduces LingYongChao selling pirated discs, by LingYongChao cases lead to controversy.The second chapter, theoretical analysis of Ling Yongchao selling pirated discs behavior. This paper discusses the concept and the crime of Ling Yongchao sale of pirated discs behaviors identified three charges involved, through the analysis of the illegal business crime, crime of selling infringing duplicates and the difference between the crime of infringement of copyright three, show their own point of view:Ling Yongchao of sale pirated discs should be set for the crime of selling infringing duplicates. The third chapter, perfect the legal provisions of our selling pirated discs behavior. The crime of illegal business operation, sales of the infringing copies crime and the crime of copyright infringement problem, put forward the corresponding improvement suggestions.