| The 21 st century is called the Internet Century.The Internet revolution has swept the world,and the Internet game industry has developed rapidly.However,the rapid development of emerging industries often lead to a series of new problems,among which the problem of online game plug-in is one of them.Online game plug-in is a kind of computer software which can improve the function of online game from different angles.There are many controversies about the concept of online game plug-in in the theoretical circle,mainly from the two levels of law and technology to interpret the concept of plug-in.The author thinks that the online game plug-in is a program that is purposely compiled and has an impact on the online game program,not the online game client program.There are mainly two categories: official benign auxiliary plug-in and unofficial,cheating malignant plug-in.The malignant plug-in includes malignant cheating plug-in and operation auxiliary plug-in.In view of the complete legitimacy and no social harm of the official benign auxiliary plug-in,it should be excluded from the scope of criminal law regulation.The malignant plug-in has serious social harm,which has a negative impact on the overall online game environment,damages the rights and interests of multiple subjects in the online game environment,disrupts the normal order of the online game market,and has a great impact on the entire online game industry,so it is necessary for the criminal law to regulate it.The appearance of vicious plug-in has a certain impact on the existing legal system.How to convict and sentence this new thing has become a problem in the theoretical and practical circles.The behavior of online game plug-in involves many kinds of crimes in the current criminal law,among which the crime of infringing copyright and the crime of illegal operation are the most typical.Based on the comprehensive analysis of typical cases and the elements of the two crimes,this paper concludes that the malignant cheating plug-in behavior can be defined as the crime of copyright infringement and the operation auxiliary plug-in behavior can be defined as the crime of illegal operation.In judicial practice,we should strictly clarify the types of online game plug-in cases,and take different measures according to different types.In view of the difference of the working principle,the nature and the degree of harm of the two kinds of malignant plug-in,there should be some differences in the application of specific laws and regulations.Two kinds of malignant plug-in are illegal publications with illegal procedures,among which malignant cheating plug-in have the nature of illegal content.No matter what kind of malignant plug-in,the behavior of which the illegal circumstances are light and fail to meet the conviction standard should be regulated by relevant civil and administrative laws and regulations;no matter what kind of malignant plug-in,as long as the criminal circumstances reach the degree of "seriously damaging the market order,the circumstances are particularly serious",it should be convicted and punished as the crime of illegal business operation.In the case of malignant cheating plug-in,should be given to the crime of copyright infringement preferentially.Only when the perpetrator's criminal circumstances are particularly serious,and the crime of copyright infringement may lead to the incompatibility of criminal responsibility,can it be turned into the crime of illegal business operation to achieve the compatibility of criminal responsibility.Due to the particularity and complexity of malignant plug-in,the determination of "seriously undermining the market order,especially serious circumstances" should not only take the amount of operation,illegal income,the number of illegal publications issued as a reference,but also have a more comprehensive evaluation standard,expecting the judicial department to give a clearer and standardized answer,and better guide the qualitative questions of malignant plug-in cases question. |
PDF Full Text Request