Research On Criminal Law Protection Of Network Copyright

At first,as a kind of property right,copyright gets the remedy of criminal law.With the development of society and the increasing dependence on knowledge,the dual nature(personal and property)of copyright is strictly protected by criminal law.The development and popularization of information network makes the storage and dissemination of cultural works convenient and low-cost,which breeds the crime of infringing network copyright.In the network society,the subject of copyright crime is more extensive,the purpose of crime is more diversified,and the form of crime is more complicated.Based on this,the illegal and criminal acts of infringing the network copyright become more hidden,and the harmful consequences are more serious.When the means of civil compensation and administrative punishment for copyright protection can’t stop the increasing illegal acts of infringing network copyright,we must rely on the more severe punishment of criminal law to regulate this.The protection of network copyright is a dynamic problem in the world,not only in criminal justice,but also in the expanding civil law.Specifically in criminal legislation,with the rapid development of Internet technology,the Constitution and punishment of network copyright crime are facing new situations and problems;in law enforcement,the protection of copyright criminal law is lack of comprehensive,in-depth and systematic grasp.In view of this,the author starts with the basic problems such as the legal status quo of the criminal protection of copyright in China,adopts the literature research method,the empirical analysis method,the comparative analysis method,according to the characteristics of the changes of the network copyright crime,focuses on the difficulties faced by the criminal protection of copyright in the network environment,and puts forward the feasibility in order to solve the problems existing in the theory and practice of criminal protection Suggestions.This paper is structured in the form of "total part total".In the introduction part,the background and significance of the topic are briefly described,the current research focus on this issue in China is summarized,and the research content and methods are clarified.In the main part,the author first summarizes the definition,characteristics and current situation of criminal law protection of network copyright crime,then discusses the progress in theory,practice and foreign criminal law protection respectively,and finally puts forward suggestions for the protection of criminal law in China.The first part is an overview of network copyright crime.First of all,it defines the concept of network copyright crime,and expounds the legislative status of network copyright crime.Secondly,with the development of Internet,the paper analyzes the new characteristics of crime subject,object diversification,objective complexity and subjective purpose diversification under the alienation of network copyright crime,as well as the new challenges to the formation of criminal law.The second part analyzes the different dilemmas in theory and practice.The theoretical dilemma of criminal law protection.The theoretical disputes focus on whether the objective aspect of crime "information network communication" should be attributed to "reproduction,distribution" and the subjective aspect of crime "for the purpose of profit".The author thinks that "information network communication" and "reproduction and distribution" are parallel concepts,not inferior concepts,"reproduction and distribution" can not cover "information network communication";in the subjective aspect of crime,we should keep "for profit" to maintain the stability and preciseness of the criminal law.The practical dilemma faced by the protection of criminal law.By using the method of empirical analysis,the author collected 361 judgment documents about the crime of Internet copyright,and made an empirical analysis on the number change,distribution characteristics and criminal objects of Internet copyright cases,and found that there are problems of crime type,"sports justice" and unequal sentencing in practice.The third part,using the comparative analysis method,analyzes the regulation of the current situation of the copyright crime in foreign countries,in the value concept of the criminal protection of copyright,the elements of the crime,the scope of the protection of criminal law and the level of the criminal law setting,combined with the current situation of the criminal regulation in China,for reference and absorption.In the fourth part,the author summarizes the current situation of criminal law protection of Internet copyright,the difficulties existing in theory and practice,as well as the reference of foreign criminal law protection.From the aspects of perfecting the legal punishment,adding "information network dissemination" into the punishment,expanding the standard of "profit-making",strengthening the connection between administrative law enforcement and criminal justice,this paper makes suggestions for the criminal protection of network copyright in China.