Research On The Difficult Problems Of The Crime Of Copyright Infringement In The Network Environment

At present,the new generation of network information technology is constantly innovating and breaking through,and the network is further developing.The digital transformation of the network has become an irresistible trend.Since the 19 th National Congress of the Communist Party of China,under the leadership of the Party Central Committee,all regions and departments have thoroughly implemented the spirit of the National Cybersecurity and Information Work Conference,comprehensively constructed the network,and steadily increased its network security capabilities.It also emphasizes the main role of the Internet in economic and social development.With the birth of the Internet,cyber crimes and criminal behaviors followed one after another.The infinity,technicality and virtuality of cyberspace provided a new stage for cybercrime.New types of crimes emerged endlessly.The acts of infringing the copyrights of others through the Internet are A typical example.This article leads the topic with typical cases such as "Baidu Library Infringement Case" and "Wowo Movie Network Infringement Case".Starting from the existing criminal legislative framework,this paper expounds the concept of copyright infringement in the network environment and analyzes the crime of copyright infringement on the Internet.New features in the space,analyze and study the challenges of the network to traditional copyright infringement crimes and find out the disputed points in the practical and theoretical circles,and combine the new features in the cyber space and compare the disputed points to find the corresponding solutions.The text consists of six chapters:The first part is an introduction.This part starts with a typical case to discuss the difficult problems in the crime of copyright infringement in the network environment,objective behavior,subjective requirements,criminal subjects(special subject network service providers),etc,for other chapters.The discussion provides the basis;the second part is an overview of the crime of copyright infringement in the network environment,elaborating the meaning and legislative evolution of the crime in the network environment,and analyzing the characteristics of the crime in the network environment through empirical research;the third part,It is the first problem reflected in the case,the identification of "objective behavior",that is to study the controversial points in the practice and theory of "copy distribution" and "information network communication behavior",and to explain the copy distribution behavior and information The relationship of network communication behavior.The fourth part,combined with the second problem reflected in the case in the introduction,analyzes the identification of the special criminal subject "network service provider".The provisions of this subject in China’s criminal law are inadequate.This article combines the theoretical knowledge of criminal law and related The law stipulates whether the network service provider can become the subject of the crime and the criminal responsibility that should be assumed.The fifth part is the third problem reflected in the case,the "for profit" purpose,the infringement of copyright in the network environment Whether the crime should have this subjective element is an analysis from the perspective of judicial recognition and theoretical circles and puts forward the author’s point of view;the sixth part is to improve the proposal.The development of network technology has questioned the determination of traditional crimes.In the characteristics of the network space,the problems faced make corresponding suggestions.