The Administrative Protection Of The Network Copyright

In the early years of reform and opening up,copyright awareness was not valued in China,and piracy was even a common phenomenon.With the economic development and the acceleration of China's accession to the WTO,there's urgent need to improve the copyright protection system and its operation.The internationally accepted copyright protection system is established on the basis of the private property of copyright and grants the copyright owners the right to remedy through litigation.However,in China,where copyright awareness and litigation culture were weak,the Chinese government began to provide administrative protection for copyright in the face of the needs of economic development and international pressure.China's first copyright law,enacted in 1991,stipulated that copyright authorities can impose administrative penalties on copyright infringement.With the popularization of copyright awareness and the governance of piracy,the discussion on the legitimacy of administrative protection of copyright had come into being.When the coupling network space of the discussion,the new type of network copyright came into being,and the infringement of network copyright caused widespread concern.The administrative protection of copyright has not disappeared,but has been further strengthened in the network era.The administrative protection system for online copyright has been established by such legal norms as measures for Administrative Protection of Internet Copyright,Regulations on the Protection of theRight to Information Network Dissemination,and Tort Liability Law.With the developing and upgrading of network digital technology.Deep linking,network public platform and other technologies have contributed to the infringement of new network copyright.The network copyright administrative protection system,which originally established in the embryonic period of the Internet,has gradually become weak and chaotic in responding to new problems.Therefore,the administrative protection system of network copyright should be comprehensively observed and analyzed in order to put forward legislative suggestions and countermeasures.This article is just such an effort.The preface of this paper points out that the network copyright administrative protection system,which originally established in the embryonic period of the Internet,has been unable to respond to the new round of network copyright infringement phenomenon,and explains the research method and analysis path.On the basis of clarifying relevant concepts(such as network works,network copyright,network copyright infringement,etc.),the first chapter introduces the whole network copyright protection system which jointly established by civil law,administrative law and criminal law,then analyzes the administrative protection of network copyright and its practical significance.The second chapter introduces the network copyright administrative protection specification basis and the implementation of the main body,and for the purpose of the standard to the administrative way,administrative protection of network copyright way is divided into service mode,managing mode,punishing mode and remedial mode,fully present the administrative protection system of network copyright.The third chapter analyzes and summarizes the problems existing in the administrative protection system of network copyright from four aspects: the provision of normative basis,the special field of network copyright,the connection between administrative law and civil law,and the legal obligations of network service providers.On the basis of the problems in the third chapter,the fourth chapter puts forward the concrete countermeasures and improvement ideas: Improving the legal norms ofentities and administrative procedures so that improve the legal norms of administrative protection system.Providing support for the administrative protection in the special field of network copyright by means of individual legislation.The connotation of public interest elements should be clarified,and the judicial confirmation procedure of administrative mediation should be established,so the connection between administrative protection and judicial protection should be improved.Establishing differentiated responsibilities and increasing the illegal consequences of "counter — notification and recovery" obligations,so improve the legal obligations of Internet service providers.With affirming the dual — track system of network copyright protection,the conclusion of this paper argues that the administrative law obligations of internet service providers should be clarified,and the public law obligations of network platforms should be taken as an unfinished issue,calling for the attention of the academic community.