Criminal Law Regulation To The Circumvention Technical Measures In The Environment Of Network

With the development of network communication technology,more and more works began to use the Internet distribution,dissemination.In this process,technical measures as the copyright owners to protect the works of the main means,has its irreplaceable role.On the other hand,circumvention of technical measures has also become the main form of copyright crime.With the help of cyberspace interconnection,convenience and circumvention of technical measures,the act not only seriously damaged the rights and interests of copyright owners,but also disrupted the market economic order.In the current network environment,there are the need to circumvent the regulation of technical action and the value of the criminal path.Law is the adjustment of social relations,criminal law involved in a new field on the premise that the need to adjust the social relations are clearly defined.Before discussing the problem,it is necessary to clarify the connotation and extension of the concept of technical measures in copyright law,the relationship between technical measures and copyright protection,and the types of avoiding technical measures related to action.In the network environment to avoid technical measures not only has the dangers of the facts,but also misleading the public concept,but also brought about the protection of copyright disputes.The avoidance of technical measures has the concealment of behavior,the infinite diffusion and irreversibility of the consequences,and it is difficult to regulate the behavior of circumventing technical measures in the framework of copyright law.Cannot be a good protection of the interests of the right people,regulate the market economy order,it is necessary to use public power to regulate.Avoidance of technical measures is divided into "avoidance,sabotage","providing behavior" and "manufacturing,import behavior".In the criminal law,the above acts are not of course criminal penalties.It is necessary to analyze the different types of measures to circumvent the technical measures,and from their behavior elements,the object of the violation determines whether it has criminal accountability,and then discusses the route of circumvention of technical action.From the existing criminal legal provisions,to avoid technical measures should be included in the crime of infringement of the scope of the adjustment of copyright.However,because of the lag of the article,both the academic level and the normative level of the extension are too narrow,cannot cope with the current network environment in the new form of copyright infringement.In the face of the dilemma of criminal responsibility to avoid the technical action,it is necessary to reconstruct the criminal law to violate the crime of copyright from the angle of subjective and objective elements and the standard of crime evaluation.