Research On The Charge Identification Of Making And Selling Online Games

According to the survey data,the market revenue of China’s game industry will reach a new high in 2020.With the popularity of 4G network and smart phones,online interactive games,represented by online games,will become popular.With the rapid development of the game industry,driven by high profits and high added value,the "plug-in" behavior of online game gray industry chain is becoming more and more rampant“ "Plug in" damages the balance of games,damages the rights and interests of game manufacturers,and seriously infringes the economy of China’s game industry.It is necessary for the criminal law to effectively regulate the online game plug-in behavior.Because the current law does not make a clear specification for the "plug-in" behavior,resulting in the judicial application,the court in different regions for the production and sale of network plug-in behavior charges are inconsistent,there is the phenomenon of "different judgments in the same case",resulting in the confusion of the judicial system.This paper starts from the concept and classification of plug-in,and through the typical cases in judicial practice,leads to the differences in the conviction of making and selling plug-in of online games.Combined with the different criminal constitution of each crime,it thinks that making and selling plug-in of online games should be excluded from the scope of the regulation of the crime of illegal business operation.Secondly,only the offline plug-in can be convicted and punished as the crime of copyright infringement.Finally,according to the principle of implicated crime,the compound behavior of making and selling online game plug-ins should be identified as the crime of providing intrusion and illegal control of computer information system programs and tools.