Criminal Protection Of Copyright In The Network Environment

The carrier of cultural products often affects the breadth of its spread,and the popularity of the Internet has made it easier and cheaper to store and disseminate cultural products.Undoubtedly,the convenience of the network brings a lot of convenience to our culture,but it also poses great challenges for us to protect the copyright of our works.Under the network environment,works spread faster and spread more widely,crimes are more hidden and more serious,rights protection is more difficult.When copyright owners appeal to civil and administrative laws but are not enough to protect their rights,infringement of copyrights that have serious social harm must be regulated by more stringent penalties.At present,China's criminal law has certain lags and deficiencies in the face of network copyright crimes,and thus it is somewhat insecure in the protection of network copyrights.In view of this,this paper adopts comparative research method and literature research method,focuses on the inadequacies of copyright infringement under the network environment,discusses the problems existing in the theory and practice of the protection of criminal copyright by network copyright,and puts forward feasible proposals for improvement.Apart from the introduction,this article is divided into five parts.In the introduction part,the author briefly described the background of the topic and reviewed the research on the criminal law protection of the network copyright in the academic circle.Based on this,it clarified the research content and research methods of this article,and laid a foundation for the expansion of the text.The first part is the necessity of the protection of the criminal law of network copyright.This chapter first introduces the challenges faced by copyright protection under the network environment.Secondly,it discusses the path of criminal protection under the network copyright and emphasizes the protection of the criminal law.Finally,it elaborates the principles of criminal protection under the network copyright.The second part is about the problems existing in the protection of cyber copyright criminal law in theory.This chapter firstly discusses the choice of the criminal legislation model of network copyright.By analyzing the defects of the criminal code model and the advantages of the combined legislative model,the choice of the legislative protection of China's criminal protection of online copyright is made.Secondly,this chapter analyzes the problems existing in the objective aspects of network copyright crimes,including the analysis of the issue of copying and dissemination of information networks,the problems of the scope of protection,and the problems existing in the standards of criminalization.Finally,this chapter discusses the subjective aspects of cybercrime crimes.The author analyzes the debate on the “for-profit” purpose of the academic community,and demonstrates the feasibility of using “for-profit” as a punishment for aggravating circumstances.The third part,the problems existed in the protection of criminal law of network copyright in practice.This chapter sequentially distinguishes the crime of copyright infringement from the crime of illegal business,and helps the crime of information network crime,and then analyzes the problem of the convergence between the administrative enforcement of online copyright and the existence of criminal justice.The fourth part is about the criminal protection of the extranet on the extranet.Firstly,the status quo of criminal protection of network copyrights in major countries outside the domain is briefly described.Then,the criminal legislation of network copyright in China and foreign countries is compared.Finally,the enlightenment of China's criminal protection of network copyright is drawn.The fifth part is the improvement of China's criminal protection of network copyright.First of all,in this chapter,the author puts forward suggestions for the improvement of the protection system for criminal laws of network copyright,including the improvement of the legislative model,the reconstitution of crimes,and the use of "for-profit purposes" as an aggravating circumstance,expanding the scope of criminal law protection,and reforming the penalty system.Then some suggestions are put forward to strengthen the convergence of network copyright in administrative law enforcement and criminal justice.