The Countermeasures About Investigation Of Network Copyright Crime

Along with the rapid development of computer network technology,many of the traditional means of crime have changed,intellectual property crime,is even so especially copyright crime.The informationization of Network has facilitated the dissemination of copyright works.The network copyright works are off the limitation of the paper carrier and the physical media.The particularity of its electronic works,the network copyright works can spread across the city and even across the country at the first time.And the particularity of the network copyright crime has brought many obstacles to the investigation of this type of crime.Based on the characteristics of cyber copyright crime,this paper summarizes the difficulties through investigating the cases,and on the basis of the analysis of the corresponding countermeasures,then based on the specific investigation,analysis the security mechanism of the detection mechanism.This paper is divided into five parts:The first part is an overview of cyber copyright crime,starting from the specific legal provisions,combined with the thoughts of law scholars about cyber copyright crime,summed up the concept of network copyright crime.Then,starting with the criminal law,focusing on the analysis of the identification of "for the purpose of profit", "through the information network","without permission of the copyright owner","amount" about the network copyright crime.At last,analysis it combined with the criminal law of the United States,Britain,Germany and Japan.Finally,for the better study of network copyright crime investigation,analysis the causes of such crimes.The second part is the status quo and behavioral characteristics of the network copyright crime.Analysis the current situation of China's current network of copyright crime,through the statistics of the case of copyright crime is recorded in the past three years at "hinalawinfo.com",and the judicial protection of intellectual property in Chinese courts published at the website of the Supreme People's Court of People's Republic of China,and combined with the empirical analysis of the existing scholars.Sums up that the number of cases continues to grow,the proportion of criminal cases is low,regional distribution and the specific distribution of the proportion of network copyright crime.According to the relevant cases,it is concluded that subjects of cyber copyright crime are extensive,or they are intelligent and grouping,criminal acts are electronic,criminal means are concealment,criminal consequences spread rapidly,and cross-regional actions.The third part is the dilemmas about the investigation of cyber copyright crime,starting with the procedure of the criminal investigation,through the summary of the network copyright crime behavior characteristics at the second part,combined with the relevant cases,analysis six parts of predicament about the crime of the investigation process: First,it is difficult to find case;Second,it is difficult to determine the "for the purpose of profit";Third,it is difficult to determine the location and the time of the crime;Fourth,it is difficult to identify the amount of crime;Fifth,criminal clues and evidences are hidden,and it is difficult to extract;Six,it is difficult to determine the suspect.The fourth part is the countermeasures of cyber copyright crime investigation.According to the dilemmas that may be encountered in the investigation process summarized in the third part,the principle of investigating such criminal cases is put forward,and from the theory of the subject of investigation,corresponding to the specific investigation,analysis the countermeasure and the six dilemmas,thus this part does not include the specific computer technology operation: through the network search investigation,building sharing information platform,strengthening the network copyright protection propaganda to expand the case source actively;through interrogating the suspects,tracking IP addresses and asking the servers to verify the “ For the purpose of profit”;using computer technology to obtain the amount of crime;using secret investigation to provide the hidden means of investigation;through visiting netizens,tracking IP address,to collect relevant clues and find the suspect,and then to solve the every difficult of the investigation of network copyright crime cases.The fifth part is the guarantee mechanism of the network copyright crime investigation system.It is necessary to Strengthen publicity of the network copyright protection,thereby enhancing the awareness of copyright protection,establishing a professional team about investigation of network copyright crime,and improving the professional equipment,strengthening network supervision,strengthening the cooperation of investigation,establishing information sharing platform,through the above four aspects to ensure that the network copyright crime investigation mechanism.