Research On The Legislation Of Copyright Criminal Law In The Network Age

With the continuous development of the rule of law in our country,the word "right" is constantly rooted and sprouted in the hearts of citizens.The rights in various fields continue to be recognized and protected by law in the collision without smoke.However,the question whether "protection is perfect" has become a hot topic of many scholars in the academic circles.The protection of the criminal law of copyright,especially the protection of the criminal law motivated by the network technology has being more important part of the criminal law.For a long time,people for the wanton publishing other's works,copying other's works,spread and rental wantonly behavior is quite common phenomenon.In spite of the social chaos in the field of copyright,it can not be denied that the public authority has made a corresponding effort to the copyright protection.According to the relevant data,copyright protection has already existed since the Song Dynasty.The national public authority of copyright protection has issued some laws,and these laws expressly immobilization,but the degree of copyright protection has little effect.The network is the product of modern science and technology,in the old feudal society can not imagine what the network copyright,and unable to talk about the protection of network copyright.For a long time,the word "network" is described as a strange things for most of the people,also the Internet copyright.For example,the criminal code of 1979 in the copyright protection was in a vacuum.It was not until 1997 that the situation had been truly and effectively improved,but the protection of copyright in the network field was still not involved.The emergence of this problem is closely related to the reality of the non network science and technology at that time.In addition,Chinese people have been tied to the traditional idea of "emphasizing public power and despising private rights" for a long time.The protection of copyright is abandoned,and the lack of network copyright protection is worse.In such a situation,the existing copyright law in China can not be convicted and sentencing properly for serious network copyright crimes,and even indulge in Internet copyright crime.This is an unbearable pain for a civilized country of rule bylaw.According to the contradiction between the criminal law of our country lack of copyright protection and the realistic field of need,this paper argues that it is necessary to add protection clause in the copyright criminal law to regulate the infringement of network copyright crime,that is to improve the relevant legislation of copyright law in china.This paper through literature analysis,logical analysis and empirical research methods(case and data)and other methods to be in-depth analysis of the corresponding problems,to combine the literature theory and the practical needs of network copyright protection of criminal law through the logical analysis,in order to achieve the purpose of reasonable copyright in our country criminal law legislation.In this paper,what I need is through literature analyze the current difficulties in perfecting the copyright criminal law,the advantages and disadvantages of all kinds of legislative theories of copyright protection,so as to build up the theoretical system to improve copyright criminal law.The purpose of this paper is to provide a strong support for the construction of the theoretical framework of copyright criminal law in this paper.Both positive and negative empirical materials indicate that the existing copyright criminal law in our country can not meet the needs of the protection of the real copyright criminal law.After obtaining the corresponding theoretical and empirical conclusions,this paper intends to integrate the two elements through logical analysis,so as to achieve the legislative conception of improving copyright criminal law.The first chapter is the introduction,the main purpose of which is display relative definition of network copyright in the era of network.The content of the second chapter is about copyright and the overview of network copyright.The purpose is to show the origin of copyright legislation and provide historical and realistic basis for later.In the third chapter,discusses the shortcomings of copyright law to our country exists in the context of the Internet age,its main purpose is to reveal the Chinese copyright criminal law legislation is difficult to meet the practical needs of the contradictions and provide the starting point for the improvement of the copyright law.The content of the fourth chapter is about whether copyright criminal law has value in Internet era.Its main purpose is to provide theoretical and practicalsupport for improving copyright criminal law.The fifth chapter is about how to perfect the copyright criminal law in China after the introduction of Internet copyright.Its main purpose is to provide legislative suggestions for the legislation of copyright criminal law in China.The last chapter of this paper discusses the future development trend of copyright criminal law legislation in China.Its purpose is to motivate us to internalize copyright protection into our own morality and achieve self discipline and self-discipline in the copyright area.Under the Internet age,the perfection of copyright criminal law can not turn a blind eye to the copyright crime in cyberspace.Therefore,it is an important way to solve the problem of network copyright infringement crime by revising the legislation of our current copyright criminal law.So how to build the copyright criminal law is the main problem that must be solved to modify the copyright criminal law.However,the rapidly changing network society makes us have to consider the "flexibility" of legislation.If this problem is not solved,the processing technology of all kinds of networks will make many(serious)acts of infringement at large.