Research On Determining The Nature Of The Behavior That Engages In Internet Game Private Sever

In recent years,the Internet industry is enjoying a prosperous development,which provides convenience for people's daily life communication.Simultaneously,Internet game private sever becomes an infringement act which occurs frequently.In consequence of the great virtuality and specialization,some problem arises of the appliance of criminal law on it,which leads to the great different opinions of how to determine the nature of private sever both in theory and in practice.Under such circumstances,it is needed that systematic and prospective research must be made on private sever in order to solve the problem in juridical practice,making punishment fits the crime and thereby cracking down on crime.In virtue of the specific case in juridical practice,the paper will make thorough research and analysis on the case in the order of the fundamental state,legal principal analysis,the conclusion based on the legal principal analysis and research enlightenment of the case,and then arrive at my own conclusion.Apart from the preface,the full thesis is about 25 000 words,which is made up of four parts.The first part is the fundamental state,which is divided into four parts,including the cause of the action,the introduction of the case,the different opinions on the case and the controversial focus.Five different opinions exist in the case: the first opinion is that Liu's and Fu's behavior is of no guilty;the second opinion is Liu's and Fu's behavior constitutes the crime of breaching business secret;the third opinion contends that Liu's and Fu's behavior constitutes the crime of illegal business operations;the fourth opinion holds that Liu's and Fu's behavior constitutes the crime of selling infringing duplicates;the last opinion considers that Liu's and Fu's behavior constitutes the copyright crime.The controversial focus of the case is as follows: the first is that the series of private sever of the network operator whether or not belongs to republication and issuing behavior in the criminal sense;The second is that whether or not the program code belongs to the commercial secret;the last is whether or not Liu's and Fu's behavior constitutes a crime and if Liu's and Fu's behavior constitutes a crime,which kind of crime is Liu's and Fu's behavior constitute?The second part is the core content of the paper,which is the analysis of the legal principal.The part is divided into four small parts.The first part analyses the conformation and detriment of the Internet game private sever,and at the same time probes into the property of the private sever,which lays the foundation of determining the nature of private sever.The second part is mainly about whether the server source code of Internet game belongs to business secret.The third part explores the relation between copyright crime and the crime of selling infringing duplicates in the view of theory and juridical practice.The last part makes a thorough exploration of the relation between the crime of selling infringing duplicates?copyright crime and the crime of illegal business operations,which mainly probes into whether the overlap of articles of law exists between them.The third part is the analysis and conclusion of the thesis.The final conclusion is that Liu's and Fu's behavior constitutes copyright crime.The last parties the research enlightenment of the case.By means of the thorough research and analysis of the case,we can see that the rules and regulations of the existing law on private sever is evidently defective and the legislation lags behind.Moreover,some insufficiency of the related juridical explanation exists in solving the problem of private severs.In view of the fact,the author makes some proposes of legislation and juridical explanation so as to make the law of our country more perfect and crack down on the crime effectively.