Criminal Law Regulation Of Deep Linking Behavior

Deep link is a kind of link technology,which can facilitate users to query information.However,some network setters use deep links to carry out illegal activities,such as linking the content of legitimate websites,infringing the copyright of the right holder.At present,there is controversy about the nature of deep link behavior in academic and judicial practice.This paper adopts the server standard and believes that the deep link behavior only provides links,and does not store the works in the server so that the public can access it online,so its nature is the help behavior of information network communication behavior.China mainly regulates the deep link behavior by civil law.However,the use of deep links to carry out more and more criminal activities,civil law is not enough to regulate the harm caused by illegal deep link behavior.Now the criminal law regulates the deep link behavior mainly by the crime of copyright infringement.These cases are mostly unauthorized works of legitimate websites.However,there are still a large number of chained links to illegal website content.If the linked website provides illegal content and its behavior constitutes a crime,then the chain linker links to the website that constitutes the crime through technical behavior,and whether it constitutes a joint crime.Traditional joint crimes require pre-existing acts.If the chain and the chain are connected to each other and commit crimes,they can be considered to constitute a joint crime.However,in general,both the chain owner and the chained website are conducting illegal activities for their own interests.It is difficult todetermine that they have the same intentions,so there are difficulties in identifying the issue of accomplices.There may be cases of criminal punishment for the chained websites and the implementation of civil penalties on the chain websites,which is difficult to achieve the effect of combating crime.However,at this stage,China has a common behavior on the issue of accomplices,and believes that as long as the same behavior exists,the chain-makers use the behavior of the guilty to achieve their criminal purposes,and the chain and the chain can constitute an accomplice.Amendment IX of the Criminal Code stipulates the crime of helping information network activities,and also provides the possibility that deep-link behavior is recognized as an accomplice.The article starts with the nature of the link object,and the guilty path of deep link behavior is mainly from two angles.Firstly,analyze the deep link behavior of the legitimate website that is chained.The legitimate works of the chained objects are legitimate websites.The crimes of copyright infringement are mainly regulated.If the deep link behavior constitutes a crime of copyright infringement,it is necessary to satisfy the subjective and objective elements of the subjective aspect for profit,and objectively implement the act of copying and issuing without the permission of the copyright owner.The nature of deep link behavior is the help behavior of information network communication behavior,in practice,it can be regarded as a copying act,which can be used for deep links.Convicted of conduct.However,some scholars believe that the dissemination of information networks is a violation of the statutory principle of copying and distributing behavior.This paper believes that judicial interpretation is in line with social development trends and is very reasonable.And summed up the cases of penalties for violations of copyright in judicial practice.And the analysis of two cases shows that if the chain website has subjectively for profit,objectively,without the permission of the copyright owner,the act of spreading the work to the public,the circumstances are serious,that is,Penalties can be imposed for copyright infringement.Secondly,it analyzes the deep link behavior of the illegal website by the chainobject.Analyze from three perspectives.The first is a joint crime of copyright infringement.It is no doubt that a chained website and a third-party website cooperate to commit infringements constitute a joint crime.However,in real life,the situation is often very complicated,and it is difficult to conclude that the chain owner has the same criminal intent as the chain owner.From the perspective of traditional accomplice(common crimes and partial crimes),the formation of a common crime requires the same intentions of the chain and the chain.Even from the perspective of one-sided accomplice,the subject must be subjective.It has the intention to help the website to commit infringement.Analysis from the perspective of traditional accomplice,it is difficult to determine that the chain owner and the chained person constitute a joint crime.The behaviors collectively say that they do not require prior conspiracy,do not need to commit the same crime,and only need to implement common behavior.If the chain owner knows that the chained website is an infringing work,and uses the illegal activities of the chained website to achieve personal purposes and meet certain conditions.The person setting up this link constitutes a crime;the second is to help the information network activities.If the perpetrator knows that the chain website is committing a criminal act and provides a link,knowing that the chaining behavior will help the chain company's criminal results to expand,and letting this behavior happen,has serious consequences,and can help the crime of information network activities to be punished.The third is a joint crime of other crimes.In practice,although a large number of deep-linking activities involve copyright,there are also some cases of infringement of other legal interests.The first chapter is an overview of deep link behavior.The first section introduces the concepts,features,and classification of deep links.The second section describes the nature of deep link behavior.It introduces in detail the different disputes about the nature of deep link behavior in judicial practice and academic theory,such as server standards,user perception standards and substantive substitution standards.There are also disputes in trial standards in judicial practice.The analysis of legal sources,judicial interpretations and mainstream views argues that they are in favor of server standards.It is considered that the nature of deep link behavior belongs to a helpingbehavior for the behavior of others.The second chapter is analyze why criminal punishment is applied to deep link behavior.The first section analyzes the serious harm that deep link behavior brings to society.In this paper,the author believes that the illegal chain setting behavior expands the dissemination scope of infringing works,increases the difficulty of crime fighting,is not conducive to copyright protection,and this kind of behavior needs to be regulated by criminal law.The second section analyzes the defects of civil law regulation.In the current judicial practice,the regulation of deep linking behavior is mainly regulated by the civil law.Under the principle of safe harbor of the civil law,the infringer is easy to evade responsibility.Even if the penalty is imposed,the amount of compensation is far lower than the amount of profit.The third section analyzes the possibility of criminal regulation of deep linking behavior.Firstly,it is analyzed that illegal chain setting behavior can be punished by criminal law because it meets the subjective and objective elements of criminal regulation.Secondly,it is analyzed that the provisions of the ninth amendment to the criminal law on the crime of helping information network crime.The development of the theory of joint behavior provides the possibility for regulation of deep link.The third chapter is the path of guilty of deep link behavior.The first section analyzes the nature of the behavior of linking legitimate websites.A website that is linked to a legitimate website is generally considered to be a copyright infringement.Firstly,the cases of the crime of infringement of copyright in the deep judicial behavior in the current judicial practice are summarized,and two cases are analyzed in detail.Secondly,it analyzes the subjective and objective constituent elements that need to be met if it constitutes a crime of copyright infringement.The deep link behavior constitutes a crime of copyright infringement,which needs to satisfy the subjective for profit,and objectively implements the copying and issuing behavior(information network communication behavior)without the permission of the copyright owner.The second section analyzes the nature of the link to illegal websites.First of all,it is believed that the chained website can infringe on the copyright of others.Set forth the shortcomings of the general criminal theory.A detailed analysis ofthe theory of complete crime in the traditional accomplice theory and some crimes together,the problem of one-sided accomplice in dealing with deep link behavior,cannot solve the problem of accomplice in deep link behavior.However,under the theory of behavioral joint theory,the chain-makers only need to have the same illegal behavior as the chained website,and use the illegal behavior of the chained website to achieve the criminal purpose.If the circumstances are serious,it can constitute a joint crime of copyright infringement.Secondly,it is believed that the chained website can constitute a crime of helping information cybercrime.This paper analyzes the theoretical viewpoints of Germany,Japan and China on how to commit crimes into crimes,and discusses the application of the crime of helping information cybercrime in deep link behavior.Finally,a simple analysis of how to use help information cybercrime in deep link behavior.