The Research On The Criminal Regulation Of Deep Link Behavior

Deep linking refers to the technical means by which the linker can bypass the interactive interface of the chained website and directly connect to the specific storage content in the chained network site database by setting the link.When Internet users perform this operation,the logo of the interactive interface of the website they originally chose to log in will not change,and the domain name address of the website will not be changed.Subjective judgments cannot perceive that the interactive interface has completed the jump between network sites.By setting up deep links,you can reduce the obstacles to jumping between different websites when users obtain network content resources,and break the information barriers.However,in actual application scenarios,there are a large number of real problems that actors aggregate Internet content resources by setting deep links,and illegally aggregate to obtain traffic benefits,and they are usually concentrated in providing content aggregation services such as video works and music works as their core business.The Internet platform of the model greatly affects my country’s intellectual property market.At the same time,brand-new information network technology has also given a new form of traditional criminal behavior in the Internet era.The degree and scope of infringement on different subjects of legal interest are more serious than traditional means of communication.The deep link technology of technical means is now urgently needed to be regulated by criminal legal means.In terms of nature identification,the focus of the debate is whether it can be identified as the right of information network communication.From the perspective of behavior,the purely chain-setting behavior did not create new content resources,and at the same time,no new content resources were added to the network site data storage.Therefore,it is more appropriate to use the server standard as the standard for determining its nature.That is,only the act of transferring and storing content resources to the server can be recognized as an information network dissemination act.At the same time,in the current judicial practice,fact that the form of dissemination of Internet content resource works no longer needs to use traditional "copying and distribution" as the carrier,"information network dissemination" can be regarded as"copying and distribution",Specifically belongs to the issuance behavior.The behavior of setting up deep links should follow the principle of technology neutrality because of the nature of its own technical behavior.However,in order to limit the scope of the criminalization of neutral technical behavior,it is necessary to comprehensively consider its behavior mode.When the subject of the link is a content work stored on another website that owns intellectual property rights,the mainstream view of judicial practice at this stage usually regards it as a crime of copyright infringement.When the object of the link is an illegal work,the conviction can be divided into three situations for analysis.One,to identify him as an accomplice in the crime of copyright infringement.From the perspective of common behavior,it is only necessary to determine that the subject of chaining knows that the link is an illegal work,and realizes the personal illegal purpose through chaining behavior,and meets certain conditions,then it can be recognized as a joint crime.Second,it is recognized as a crime of helping information cybercriminal activities.The criminalization of neutral helping behavior requires a comprehensive analysis and consideration of both the subjective and objective aspects of the chain creator.Third,it is recognized as a joint crime of other crimes.Behavior is the core of determining the crime,but the object often determines the nature of the behavior.When the characterization of the deep linking behavior is affected by the nature of the illegal object to the link,the criminalization of the chaining behavior is determined by the criminal law and the behavior target.It is determined by the nature,not by the nature of the chaining behavior itself.Finally,with regard to the recommendations on the criminal regulation of deep linking behavior,comprehensive investigation and analysis of existing relevant legislation and criminal law theories in other countries,combined with the actual situation in China,can be adopted by reconstructing the criminal law of Article 217 of the crime of copyright infringement.,Incorporating deep linking behavior into the framework of my country’s criminal law to better combat crimes and protect relevant legal interests from illegal infringements.