Judicial Determination And Legal Regulation Of Copyright Crime Under The Network Environment

With the development of society and science technology, the network technologyhas increasingly become an indispensable part of people’s life. In the network, thephenomenon of infringement of copyright has occurred, and didn’t catch enoughattention. The purpose of this paper is to strictly define the concept of networkcopyright crime and its own characteristics，and to clear out the necessity oflegislation to protect network copyright according to its harmfulness. At the sametime, this paper want to explain the problems related to the judicial determination ofthe copyright under the network environment crime, and put forward the suggestionsto perfect the legislation on the criminal protection of relevant content.In the first part, the paper analyzes the concept of copyright under the networkenvironment crime, explains the general characteristics of copyright under thenetwork environment crime, clarifies its harmfulness, so as to makes out the necessityof criminal legislation protection. The paper first compares ordinary copyright withcopyright under the network environment, and makes conclusion of the differencebetween them. Then summarizes the protection of copyright under the networkenvironment should include the network environment of network literature, music,video, database etc. The paper holds the idea that the objects of the copyright underthe network environment crime will be more comprehensive, the consequences of thecrime will be more serious and more dangerous. So it is necessary for us to undertakecriminal protection of copyright under the network environment, this is not onlydetermined by the characteristics of the crime, but also the criminal law protection function and the needs of economic globalization.In the second part, the paper discusses the definition of copyright under thenetwork environment crime, centered with “for-profit”,“to reproduce and distribute”and “crime amount”. This thesis holds the opinion that “for-profit” refers to getbenefit from using others’ works without commission under the network environment.In “to reproduce and distribute”，“reproduce”means that somebody copy the works onthe carriers in a certain way, and “distribute” means that somebody put the digitalworks on the Internet and make other people “browse and download” freely. For thecognizance of “crime amount”， the paper thinks it shall refers to the existing judicialinterpretation, still should according to the actual circumstances of the case.In the third part, the paper puts forward perfect suggestion on the criminallegislation of copyright under the network environment, which including the changeof value orientation, expansion of the scope of protection, the improvement of thesubjective aspects of constitutive requirements, what to do to adjust the punishment.From the aspects of the value orientation, we should first to complete thetransformation of the values when we design the copyright protection system. Weshould abandon the idea that we pay too much attention on social interest and despisethe holders’ personal interest. We should establish the right value orientation tobalance the interests between the obliges, spreaders and users. From the protection ofthe scope, we should increase the crime to make the regulation of criminal law morereasonable. And then we should expand the content of the criminal law protection forcopyright. From the improvement of the subjective aspects of constitutiverequirements, this paper suggests that “for-profit” should be cancelled, in order togive the copyright owner better protection. From the adjustment of the punishment,this paper advices that “fine” or “times than the fine” should be more scientific used,and qualification punishment should be added in the criminal punishment.