An Empirical Study On The Protection Of The Right Of Information Network Communication In China

The concept of information network communication rights first appeared in the "Copyright Law" amended in 2001,which belongs to the category of "exclusive rights" of authors.In 2013,the Regulations on the Protection of the Right to Disseminate Information Networks was redefined in 2013 to redefine the scope of the right to disseminate information networks,adding related content such as performances or audio and video products.With the increasing closeness of the Internet and people's daily lives and the rapid development of China's network information industry,the ways of disseminating rights holders' works,performances,audio and video products through information networks are becoming more common,and the ensuing information network dissemination rights There are more and more disputes.Due to the global,interactive,and collective characteristics of network communication,the protection of information network communication rights is also increasing.How to accurately grasp the meaning,scope and related principles of "information network communication right" is particularly important.Since the right of information network communication right was born in China at a later time,the legal community still lacks sufficient research on it,which is undoubtedly inconsistent with the development of information network in current practice.China is protecting the information network communication right It also faces many difficulties and challenges.This article is divided into four parts: the first part is an introduction;the second part uses the summary of big data to analyze the infringement status of China's information network communication rights;the third part combines the cases in judicial practice to summarize China's information network communication rights The laws and regulations formulated for the protection of the country explore the aspects of China that need to be improved for the protection of the right to spread the information network;the fourth part develops a unified standard for the determination of electronic evidence from adhering to the “legal standard” as the protection standard,improves the damage compensation system,and clarifies According to the four aspects of the liability principle of tort liability of different subjects,it puts forward suggestions for the protection of the right of information network communication in China.