Criminal Copyright Protection In The Digital Environment

With the frequent innovation and continuous development of Internet technology, the new situation and new problems in the field emerge in endlessly.There are some countries have already legislated againstInfringement of copyright under the network environment and international treaties also play a great role in the protection of copyright under the network environment.In recent years, Internet technology and business model have changed considerably without corresponding changes in the relevant criminal law framework in this field,however, The criminal protection of copyright law has changed in many aspects.The special regulations of copyright protection in the network environment of our country have been established gradually in the new century, which has formed the legal protection system consisting of copyright law, administrative regulation, judicial interpretation and related criminal legislation.However,with the continuous development and update of network technology, copyright infringement through network becomes more and more frequent, while the criminal law as the protection of the rights of the last barrier, existing many problemsin copyright protection in the network environment,and the new contradictions and disputes continue to emerge, the law lagged hehind in the applicable process.Therefore, corresponding adjustments are required in this regard, this paper fromed by three parts that protection status,defects, extraterritorial criminal legislation of network copyrightprotectionare analyzed and elaborate the measures to deal with the defects of criminal protection in our country.In this paper, the first part elaborates the current situation and the relevant criminal legislation of copyright crime in the network environment.First of all, the characteristics of current situation of copyright crime in the network environment are separately discussed by the author, mainly for three characteristics that isthe subject of crime is widespread, cross-border, frequent cross-border cases and the serious consequences of the crime, then elaborate the current situation of the traditional infringement copyright crime legislation and the current situation of the network environment copyright crime legislation. Through the aboveelaboration, to make a better understanding for the relevant legislation in the crime of copyright.The second part begins with the analysis of network development, the new tort, new types of work in the network environment are not included within the scope of the regulation of currentcriminal law, thecopyright protection should be comprehensive, the new tort should be involved in the regulation; the author analyze the subjective elements of copyright infringement and analyze the subjective condition "the purpose of profit" can not effectively combat with network infringement. Finally, the author analyze the set of current penalty for the application in the network environment to find out defects.The third part the author mainly introducethe criminal legislation of the different legal system which are Anglo-American legal systems andcontinental legal systems for the protection of copyright in the network environment, mainly introducedthe current situation of the criminal legislation of the United States, Germany and Japan and other countries for the protection of copyright in the network environment, then analyze advantages of different law systems for copyright criminal legislation protection in the network environment which can provide a reference for the amendment or interpretation of China’s related laws in the future; the development of the Internet has brought great challenges to the copyright legislation in China, according to the defects and shortcomings of the copyright protection in the network environmentelaborated above, the author propose the corresponding criminal legislation, i.e. expanding the scope of criminal law that is the new tort in the network environment should be included into the scope of protection, perfecting criminal penalty in the network environment and the abolition the subjective element"the purpose of profit" in the network environment.