To Discuss The Circumvention Of Technological Measures For Copyright Qualitative Behavior Of The Criminal Law Treatise

This article is about the circumvention of technological measures for copyright qualitative behavior of the criminal law treatise, it aims to let us know it is necessary to get a clear understanding of the behavior of circumvention of technological measures in today’s digital criminal law and the effective technical measures to avoid behavior,recognizing that now in the era of digital networks, the hazard of avoiding technical measures is becoming more and more serious,so criminal sanctions are bound to comply with the background to make adjustments to better realize the function of criminal law, and the healthy development of better copyright protection.This article is divided into four parts.The first part is an overview of behavior in the copyright of the circumvention of technological measures,which is not the core part of this article but the groundwork for later part, or more accurately, its content is in the field of intellectual property law. As the basic content in this article, the author discusses the concept of technical measures and its characteristics, the classification on how to avoid technical measures. However, it still has many disputes in the field of intellectual property law, therefore, the author thinks that sorting out this part is of great necessity for later discussion.The second part is an investigation from innocence to guilty on the circumvention of technological measures in copyright, we are going to explore the behavior of circumvention of technological measures in the level of the criminal law since this part. Based on the actual harm caused by acts of circumvention of technological measures, which means its serious social harmfulness, and the tolerance of the criminal law, the author discusses the necessary of its into sin, and finally discusses the specific classification Infraction Practices Act in the perspective of the circumvention of technological measures to implement the behavior and the helping behavior to evade technical measures. At last, it comes to a conclusion that the technical measures to avoid behavior in criminal law into the sin and sanctions are inevitable choices.In the third part, we discuss the plight in penalties under the current level of criminal law and the reality of judicial practice to the helping behavior to evade technical measures. The only way in the current level of criminal law to avoid such helping behavior is to include it in the crime of copyright infringement to penal sanctions. But it is clear that the circumvention of technological measures to help the behavior can not be completely to include the crime of copyright infringement. In judicial practice, there are also many defects if we include such helping behavior into the crime of illegal business, so the circumvention of technological measures to conduct criminal legislation is to solve this dilemma in a judicial needs.The fourth part is the end of the paper, proposed to the perfect measures to circumvent such helping behavior of technological measures is to separate it into sin. The author demonstrates such helping behavior should be included into the crime on the basis of the theoretical analysis. Such helping behavior is implemented, and its social harm is much higher than the circumvention of technological measures to implement behavior. Finally, the author try to explore the concrete law design of avoiding the helping behavior to the circumvention of technological measures in order to have a better reference value.