| With the development of information network communication technology,the internet has been integrated into all aspects of people’s life and become an important part of people’s life.The Internet brought people’s daily life conveniently.Meanwhile,it is also inevitably used as a tool in the crime and made crime take on a new form.One of the new forms of crime is the nonprofit crime of infringing copyright.In the current implementation of the“Strict”protection strategy of intellectual property rights in the country,the improvement of copyright legal system is indispensable.In the copyright crime,although the element of "for profit-making" plays an active role in judging non-crime and promoting the publicity of works,it can not effectively regulate the serious non-profit infringement of works in the network environment.It reveals the deficiency of our copyright legislation.Whether it is reasonable for us to take "profit" as the subjective element and how to improve it are all the questions that need to be answered urgently.Based on this,the paper makes a systematic analysis of the "profit-making" element in order to find a reasonable and feasible way to improve it.This paper includes the following parts:In the first part,this paper makes a comprehensive introduction and analysis of the subjective element of "profit-making" from the aspects of its connotation,extension and the relationship with other subjective elements,so as to deepen the understanding and understanding of the element.It provides the conditions for the improvement of subjective elements of copyright crime.In the second part,this paper makes a comprehensive investigation of copyright criminal law at home and abroad.The Domestic Legislation includes the Mainland,Hong Kong,Macao and Taiwan.Foreign Legislation mainly includes the current status of International Conventions,major the Continental Law Countries and the Anglo-American Countries.Based on this,the paper summarizes the characteristics of legislation at home and abroad.In the third part,based on the characteristics of legislation at home and abroad,the paper analyzes the advantages and disadvantages of the subjective elements of "profit-making" in the copyright crime.the paper also found that hat the subjective elements of "profit-making" have positive significance in the matching of crime and punishment,improving the efficiency of criminal law,and promoting the publicity of works.At the same time,there are also deficiencies in the value of legislation,the basis of setting,and the coordination with TRIPS Agreement.In the fourth part,based on the above results,the paper finds that simply canceling or retaining the subjective elements of "profit-making" can not adapt to the situation of copyright crimes in traditional and network fields.In order to improve the subjective elements of "making profits",we should make different criminal legislation in the network field and traditional field,and consider the author’s spiritual rights.Based on this,the paper puts forward some suggestions on the improvement of copyright crime,such as adjusting the value of legislation,changing the legislative mode,improving the elements and setting up new crimes. |
