Research On Criminal Law Regulation Of Copyright Crime

The regulation of copyright crime in our country first appeared in the decision on punishing the crime of infringing copyright adopted by the standing committee of the national people's congress in 1994.Later,in the 1997 criminal law,the crime of copyright was specifically stipulated in the crime of infringing intellectual property rights to realize the criminal regulation of serious infringement of copyright in the criminal code.However,the relevant provisions of copyright crime have not been changed in 22 years since 1997.The consequence of this situation is that the regulation of copyright crime,whether legislative or judicial,is seriously lagging behind,especially after the advent of the Internet era.The current regulation of various serious acts of copyright infringement through the Internet is insufficient.The rights of copyright owners cannot be provided comprehensive protection.At the same time,the regulation of copyright crime in our country's current Criminal Law failed to conform to the international trend of copyright protection.Therefore,in order to protect the rights of copyright owners in an all-round way,under the support of the criminal law supplementary law,the safeguard law and the doctrine of detente of the law,the legislative model of copyright crime,the design of crimes,several provisions of judicial interpretation and the application of penalty should be put forward.The article is divided into six chapters.In the first introduction chapter,it mainly discusses the research purpose,research significance,research status,research ideas and methods in order to grasp of the paper on the whole.The second chapter is an overview of copyright crimes,in which the concept,characteristics and legal interests of copyright crimes are demonstrated.The third chapter is the realistic basis and theoretical support of the criminal law regulation of copyright crime,which is divided into two parts.The first is the realistic basis of the criminal law regulation of copyright crime,based on the national conditions of our country and the international demand of copyright protection,the realistic root of regulating copyright crime by means of criminal law is put forward.The Second is the theoretical support of the criminal law regulation of copyright crime.From the criminal law to protect the copyright in the overall law in the order of the relationship,reasonable delineationof the copyright crime circle of the theoretical basis and under the law of our country to the specific delineation of the copyright crime circle for,can be taken as the starting point,which provides theoretical support for the criminal law regulation of copyright crime.The fourth chapter is the present situation analysis of the criminal law regulation of copyright crime,which is divided into two parts.The first part introduces the legislative status and the judicial application status.The legislative status mainly analyzes the criminal provisions of the criminal law and the relevant non-criminal laws related to copyright crimes.The judicial application status is mainly through the analysis of the results of the judgment of the judicial organs on the specific copyright crime cases in the past ten years,so as to explain the judicial organs in the judicial practice of the main criminal measures to regulate copyright crime.The second part states the problems existing in the criminal law regulation of copyright crime in our country.From the perspective of overall and concrete analysis,the criminal law regulation of copyright crime is in the legislative mode.The fifth chapter is the foreign experience of the criminal law regulation of copyright crime and its enlightenment to our country.This part combs the legislative situation of copyright crime in The United States,France and Japan,and puts forward some reference points from the aspects of legislation mode,constitutive elements of crime and criminal law structure.The sixth chapter is the concrete perfect measure of the criminal law regulation of copyright crime.Under the support of the relevant theory,the author puts forward the concrete perfect measure to the criminal law regulation of copyright crime to realize the reasonable regulation of copyright crime.