Study On The Identification Of Article 217 Of Criminal Law Under The Background Of Network Literature

With the continuous development of Internet technology,the era of "Internet +" meets us unexpectedly.On this basis,the network literature was born and became more and more prosperous,becoming a towering tree.Compared with traditional literary works,developed network technology and vast cyberspace provide a broader stage for online literary works.Some well-known online writers can even reach the scale of annual royalty income of 100 million yuan.At the same time,it is limited by the existing criminal law filing threshold,conviction and sentencing standards,and the difficulty in obtaining evidence in the digital network environment.According to Article 217 of the Criminal Law,the criminal system of copyright infringement crimes formed by combining relevant judicial interpretations has shown significant lag.This paper is divided into four parts.Firstly,it lists three classic cases with network literature as the criminal object.Then put forward the focus of the dispute according to the trial of the case and judicial practice.Mainly focused on the network literature works as the object of the infringement of the legal attributes of how to define,as well as the conviction and sentencing of the criminal law and the existing protection of sufficient strength of the problem.Then,this paper focuses on the legal analysis,combined with the research background of this paper,on this basis,finally from the legislative and judicial aspects of the current criminal law system of copyright infringement crime proposed Suggestions.The legislation mainly improves the criminal law system through qualification penalty and fine penalty,canceling the subjective elements of "profit-oriented" in the digital network environment,and adding the type of network communication or new crimes of copyright infringement to achieve the purpose of protection.The judicial aspect mainly carries on the analysis and the suggestion to the crime standard and the depth link,the paste,the pirate edition and so on behavior.In order to play a role in guiding practice,it will contribute to the protection of the copyright of online literary works in China.