| Copyright refers to the rights produced by the law based on literature,art and science.Copyright belongs to the category of intellectual property right,and it is a kind of civil right,which includes two aspects: the personal right and the property right of works.It is precisely because of the property rights of works,it can bring some economic benefits for the use of the people and it also produces violations of copyright,or even criminal phenomenon.The crime of copyright is not equal to the crime of infringing copyright,instead,it refers to a series of crimes.At present,with the further prominent economic value of knowledge,the number of crimes of copyright infringement in the social practice has a sharp increase and spreading trend.According to the subject of crime,the individual crime is not the mainstream anymore,criminal gangs,crime group occupy the dominant positions.From the view of criminal means,there is an increasing number of crimes by internet.It has seriously violated the legitimate rights of the copyright owner and damaged the normal management state of copyright.Meanwhile,it has broken the order of the socialist market economy and weakened the enthusiasm of copyright creation by social subject.Moreover,it has hindered the healthy and rapid development of our country's knowledge economy and affected the international reputation of China.Of course,the crimes of copyright infringement also fully reflect the shortage of criminal legal system and criminal judicial practice in the fight against copyright infringement and the necessary of strengthening the construction of relevant legal system and criminal judicial protection.The criminal judicial protection of copyright is the protection of copyright through criminal investigation,public prosecution,criminal trial and execution of criminal law.The execution of copyright criminal judicial protection is the need to supplement and perfect our country copyright criminal law system,and it is also the need to fight and prevent the crime of copyright infringement behavior so that the legitimate rights and interests of copyright owners can be protected.It ensures the healthy development of the market economy.However,there are still some problems andchallenges to the current copyright criminal judicial protection.The copyright protection of criminal justice has inherent defects,such as the lack of staff and professional quality,the not perfect organization construction,and the phenomenon of lazy politics and corruption.There exit problems in the judge of crime and non crime of copyright infringement crime.There are disputes in the relationship of the crime of copyright infringement with other crime.In addition,there are problems of the link up between administrative enforcement and criminal justice and the standard of criminal sentence.The application of the law of internet copyright crime and the incrimination of copyright infringement by new technology also bring some problems and new situations.All these have seriously affected the effectiveness of the strike and prevention of copyright infringement crimes.It must be improved.To perfect the copyright criminal judicial protection,it is most important to perfect legal system of copyright and solve the chronic problems in judicial organs,so as to improve the efficiency and level of copyright criminal judicial protection.To accurately deal with the determination of crime or non crime in copyright infringement,the criminal law basic principle and provisions of criminal law criminal need to be strictly enforced.Furthermore,it can realize efficient collocation of copyright criminal relief and civil relief and seamless convergence of copyright administrative law enforcement and criminal justice.It has to pierce the veil of the new technology and pay attention to the organic combination of public prosecution and private prosecution.It also needs to deal well with the relationship between personal interests and society interests besides strong protection and weak protection. |
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