Research On The Criminal Law Protection Of The Copyright Of Online Literary Works

With the popularization of information network,network literature industry is springing up.Network literature works have been loved by the masses with its unrestricted creative subject,popular and people-friendly content,simple and quick way of communication.The scale of the industry has been growing.At the same time,the phenomenon of network literature copyright infringement is frequent and the harmful consequences are becoming more and more serious,civil and administrative means are not enough to regulate such behaviors.The particularity of network space makes the crime cost of infringing the copyright of network literary works reduce,the crime means is secret,the amount of crime income is huge.The inadequate regulation of criminal law makes the rights of copyright owners seriously damaged,so as the order of market economy.In the era of digital information,the protection of copyright in China's criminal law is obviously lagging behind.The legislation is not perfect,the judicial standards are vague,and the efficiency of law enforcement is low.It's the only way for the healthy development of network literary industry to strengthen the criminal law protection of copyright in network literary works.According to the current situation of infringement in the field of network literature,the author analyzes the shortcomings of the current criminal law regulation in China and puts forward some simple suggestions.This paper is divided into four chapters.The first chapter is an overview of the copyright of network literary works.It introduces the background of network literary works and defines the concept of the copyright of network literary works.It mainly introduces the characteristics and trends of the copyright of network literary works from three aspects: the weakening of exclusive features,the difficulty of determining the ownership and the disappearance of regional boundaries.The second chapter analyzes the necessity of the criminal law protection of the copyright of the network literature works.Firstly,it introduces the current situation of copyright infringement of network literature works in China from the perspective of scale,trend and harmfulness.Secondly,it analyzes the current situation of copyright crime of network literature works in China from two aspects of crime frequency and the difficulty of fighting against the crime.Finally,it points out the limitations of civil and administrative means.The third chapter analyzes the deficiency of the criminal law regulation of the network literature works infringement from the aspects of legislation and judicature.In legislation,it mainly discusses if the issue of “For the purpose of profit-making” should be retaining or abolishing,and the issue of how to identify “copying and issuing”.In judicature,it mainly discusses from three aspects: the difficulty of identifying the amount of circumstances,the universality of light punishment,and the high cost of safeguarding rights.The fourth chapter puts forward suggestions on improving the protection of the criminal law for the copyright of network literature works from the legislative and judicial aspects.In legislation,it includes: refining the charges,canceling the subjective element,changing the penalty system.In judicature,it mainly includes the judicial determination of "copying and issuing",amount of crimes and criminal details.