To Cite The Trial Practices Of Beijing (2002~2015) For Example: The Empirical Study On The Infringement Damages System Of Information Network Dissemination Right

As the Internet has been integrated into and become an important part of life,the copyright under the network environment,particularly the issue of damages system for infringement of the information network dissemination right is very critical.Obtaining appropriate amount of the compensation or not,whether to reflect the parties’ rights on substantive and procedural justice have been uphold.Therefore,to record and analyze the judgments related to disputes over the information network dissemination right made by the current courts,by qualitative analysis and quantitative analysis method,it is particularly necessary to scientifically assess the conservation status,strengthen the protection and curb violations of the information network dissemination right.Currently,in the case of information network dissemination right from 2002 to 2015 in Beijing,the amount of compensation awarded by each district court vary greatly,low and incompatible with economic and the social development,which leads to repeated infringement.In addition,the amount of reasonable expense is low too.Otherwise,the statutory damage applied widespread and is increasingly relied by the judges.I believe that the reasons for these problems include: the amount of compensation of copyright infringement under the network environment is difficult to calculate;the applicable rules of evidence is not clear;the judges want to avoid risks and improve trial efficiency.In response to these problems,this paper suggest to improve relevant systems from four aspects,including: establishing the value of evaluation criteria and supporting system of judicial trial evidence of copyright under the network environment,clarifying the applicable premise and scope of the statutory compensation,and establishing punitive damages system.