The Expansion Of The Protection Of Criminal Law Of Network Copyright

With the continuous development of the Internet,advances in network technology continue to impact on the legitimacy and effectiveness of the copyright system.Different scholars have proposed "strengthening protection of copyright by criminal law","weakening protection of copyright criminal law" and even "questioning protection of copyright criminal law".Based on the practical challenges and theoretical controversy,this paper puts forward and argues that the protection of Internet copyrights should be limitedly expanded.Based on the theory of limited expansion,this article puts forward legislative and judicial suggestions on the criminal law protection of Internet copyright.The second part is the normative analysis.First,although the trend of counter-copyright such as "skepticism on intellectual property","anti-intellectual property theory","rigid theory of intellectual property" and "free software movement"has generated a crisis of identity on the legitimacy of online copyright,Utilitarianism ","labor theory "," personality theory "," social planning theory "four different philosophical proof path,or from the legal benefit theory,copyright infringement under the network environment has its rationality.Second,in the disagreement that the protection of Internet criminal law is to strengthen or to expand limitedly,Based on the theory of interest measurement,this paper analyzes the conflicts of interests and puts forward that the criminal law protection of online copyright should be limited expansion.Secondly,on the basis of analyzing the crime cost from the perspective of economics and considering the national consciousness from the perspective of legal interests and morality,it is argued again that the criminal law protection should not be excessive.Third,the modesty of the criminal law requires the necessary definition of the expansion of the criminal law system;finally,the legislative experience of the international community and the choice of the path of China's criminal policy further demonstrated its rationality.The third part is to solve practical problems.By analyzing the subjective intent,objective behavior,object of crime and conviction standards of internet copyright crime,according to the basic theory of limited expansion of network copyright criminal law protection,this paper proposes the targeted revision and improvement under the limited expansion protection.First,the "Internet tradition" dichotomy is used to determine the subjective purpose of cybercrime crimes by "for profit" and to achieve limited expansion of criminal law protection.Second,by analyzing the cyber alienation of copy distribution,it is suggested to add the omission clause in the amendment of criminal law to "encroach on other rights that should be enjoyed by the copyright owner" in order to meet the need of judicial practice.Thirdly,it is suggested that the works of web pages should be included in the scope of criminal law and regulation through the network to disseminate their performances and the evasion of technological measures to the public.The database,violation of rights management information and deep link behavior are not included in the scope of the criminal law system.Fourthly,according to the limited expansion of cybercrime criminal protection theory.Proposed to abolish the standard amount of illegal income,increase "caused serious loss of copyright owners" plot standards,a clear number of clicks,the number of members and other network characteristics of the plot standards.Fifthly,in the allocation of penalty,it is suggested to reduce the application of free penalty,raise the applicable proportion of penalty and increase the qualification penalty.