On The Criminal Law Protection Of Authorship In My Country

Under the background of the implementation of a planned commodity economy,China's protection of copyright through criminal law began later,because the urgency of criminal legislation was lacking in the social environment at that time.However,with the continuous progress of Chinese society,our country has gradually strengthened the emphasis on copyright,which is also the need for the development of scientific career.Since China became a WTO member,it has become more aware of the significance of using criminal law to crack down on copyright infringement crimes,so as to further adapt to fulfilling the TRIPs agreement's criminal obligations.At the same time,there are many practical problems in the fight against copyright crimes in China.Institutional innovation needs to be integrated with specific social cultures.The problems encountered by China's copyright protection at the level of public law enforcement reflect its lack of endogenous support.Moreover,with the technological innovation,the economic benefits of infringement of copyrights are even greater,and the crime against copyright under the Internet environment is also facing enormous challenges.The first part of this paper introduces the background and significance of using criminal law to protect copyright,and explains the necessity of the protection of criminal law from the necessity of the protection purpose and the justification of the means.On the one hand,strengthening the criminal law protection of copyright is the need for foreign trade and access to technology,as well as the need to encourage creation and dissemination of socialist science and culture.On the other hand,as a supplementary law and a backing law,criminal law is the last line of defense for legal protection.The use of criminal law to protect copyrights further increases the crackdown on crimes.The second part compares and analyzes the criminal protection of copyright in international society.Countries around the world attach importance to the use of criminal sanctions.The 1994 TRIPs Agreement also uses criminal law to protect copyrights,which is of great significance to China.The third part explains that the criminal law protection of copyright in our country is mainly facing the problem of lack of social support,how to deal with the continuous development of networking and digital technology,how to accurately perform the TRIPs agreement,and how to receive good results in practice.The fourth part is the study on the crime of copyright infringement in our country,and the perfect suggestion on using criminal law to protect the copyright of our country.Articles 217 and 218 of the Criminal Code of 1997 on the infringement of copyright crimes effectively protected the rights holders' interests.By analyzing the crime of copyright infringement and sales infringement and copying,and further understanding and understanding of it,compared to some advanced foreign experience,China still has room to improve.By eliminating the “for-profit” purpose,the amount of illegal business operations,the amount of sales amount,etc.,are stipulated as the circumstances that constitute a crime,and measures such as strengthening financial compensation for victims have been further improved.