The Copyright Protection Of Criminal Law Under The Network Environment

In the age of digital network, every country has to face the problems of digital transformation and digital copyright protection. The widely spread of piracy works has been the biggest trouble in copyright protection in China. Digital technology and network technology to the works of creation, bearing, transmission and replication has had a profound effect. The emergence of Internet piracy has brought about many new problems and challenges to our copyright law system. The design of the crime of infringement of copyright criminal law is still based on the traditional copyright regulation stage. For Internet copyright crime criminal law hasn’t made the direct response, which leads to the consequences of a large number of copyright infringements on the network that evaded legal sanction. The lag of criminal legislation has seriously affected the development of the copyright and the enthusiasm of literary and artistic creation.Due to low-cost of network transmission, convenient means, variety Forms, network copyright need more protection. While the profitability of network infringement gradually weakened, for profit purposes in the copyright infringement crimes restrictions on network copyright protection. For copyright owners and relating right people in the network environment information network transmission right is the most important right, the rest power depends on it. In the affirmation of independent power network transmission right at the same time, to further study of network service providers and P2 P users of criminal responsibility. In the expanded scope of current criminal law regulation, to the provisions of the punishment will accordingly. Introduce the qualification penalty into copyright crime, will achieve Preventive effect of penalty better. This article based on the specification and empirical research method, absorbing foreign related theory and judicial practice experience, has carried on the exploration for the perfection of the copyright law system.This article studied from the following several parts: The first part is the difference between the network copyright crime and traditional copyright crime. Introduced the present situation of the current network copyright crime, analyzes the form of network copyright is different from the traditional copyright and characteristics, puts forward the necessity of protecting the copyright of the criminal law. For the second part points out that China’s present criminal law article copyright crime prescribed limits. The third part is the analysis for intellectual property rights of network crime countermeasures, summarizes the concept of international intellectual property protection of the criminal law and the development trend of the future. Analysis and study the evolution of legislation of intellectual property, and all kinds of act of political orientation. The fourth part combined with the analysis of the above explore the development route shall be protected by the criminal law system in our country. Determining criminal law emphasizes the network copyright protection in China should follow the principle, and determine the scope of the criminal law shall be protected to the network copyright, reconstructing the network copyright crime system and penalty configuration. In order to promote the network copyright problems in criminal legislation in our country level with the current network technology and the development of civil law links up, meet the demand of copyright protection of the criminal law era.