Research Into Criminal Protection Of Copyright Under The Network Environment

In 1994,China was officially connected to the Internet.Since then,the rapid development of digital network technology has profoundly affected people's lifestyle,and promoted the development of economy and culture.However,science and technology have two sides,while bringing great convenience to the society,it also creates many difficulties for the protection of intellectual property rights.Especially in the network environment,copyright infringement crimes have become the hardest hit areas of intellectual property crimes.There is no doubt that the criminal law protection of copyright under the network environment has attracted great attention from all countries in the world.How to create a Chinese copyright criminal law with international standards in the virtual network environment,establish the authority of the criminal law,effectively crack down on crimes and safeguard the legitimate interests of copyright owners has become an urgent problem to be solved in China at present.Under this background,this article takes 'Research into Criminal protection of Copyright under the Network Environment' as the topic,analyzes and discusses the related issues of copyright protection in our country's criminal law under the network environment,which has certain theoretical significance and practical value.This paper is mainly divided into four parts.The main contents of each part are as follows:The first part is an overview of copyright crimes under the network environment.This part mainly introduces the relevant concepts of copyright,focusing on the changes of copyright and the new features of crimes of copyright infringement under the network environment.After entering the 21st century,due to the popularization of digital network technology,the reproduction and distribution technology of copyright has undergone major innovations,which has resulted in the content and manifestation of copyright being quite different from the past,and has also increased the difficulty in determining jurisdiction and ownership of rights in judicial practice.Due to the nature of the network,the change of copyright will inevitably lead to the change of the crime of infringement of copyright,showing such characteristics as the popularity of the main body,the new intelligence of behavior,the diversification of subjective purposes,and the increasingly serious harm results,which has sounded the alarm bell for the criminal law protection of copyright in our country.Facing the increasingly serious copyright infringement cases,we need to perfect our theory so as to protect the socialist market economic order better in practice.The second part is mainly about the current situation of copyright criminal protection in China under the network environment.This part mainly introduces the current situation of our country from three aspects.The first aspect mainly introduces the use of the Internet in our country.The number of Internet users in our country has reached 800 million,and the Internet continues to penetrate into all walks of life.Such a high popularization rate and such a wide influence urgently require us to perfect the criminal law to protect copyright.The second aspect is to analyze the number and distribution characteristics of copyright infringement crimes in China through searching ten years of judicial cases to understand the current judicial situation.The third aspect mainly lists the current laws and regulations and judicial interpretations of copyright protection in our country,so as to fully understand the current legislative situation in our country.The third part is the criminal law regulation of copyright under the network environment.This part analyzes the crime of copyright infringement under the network environment from the subject of crime,subjective and objective aspects by means of the theoretical path of the four elements of criminal law.First of all,in terms of subject,according to the classification of network service providers by the theoretical circle,the criminal responsibility of network service providers as criminal subjects is discussed from three angles of IAP,IPP and ICP.Secondly,in the subjective aspect,it is advocated that the constituent elements of 'profit-seeking'should be treated differently,and whether the actor is required to have the element of'profit-seeking' should be stipulated separately according to the traditional environment and the network environment.Finally,in the objective aspect of crime,web pages,databases,technical protection measures,etc.should be explicitly listed as the protection objects of criminal law.In terms of behavior,the relationship between copying,temporary copying and the distribution of information network dissemination behavior is mainly studied.The fourth part mainly introduces how to perfect the criminal law protection of copyright under the network environment.This part first introduces the current situation of copyright protection in foreign countries,and through analysis and comparison,we know the deficiencies of criminal law protection in our country.Finally,combined with China's national conditions and foreign experience,the author puts forward suggestions to improve the protection of copyright in China's criminal law.The main measures include broadening the scope of criminal law protection,adding infringement methods,treating "for profit" differently,protecting personal rights and property rights equally,and reducing the amount standard constituting infringement.