On The Criminal Legislation Response Of Copyright Crime Under The Network Environment Of China

Recently,the development of technology and digital means is very rapid.On the one hand,it pushes forward the innovation of civilization and the spread of science.On the other hand,it also has led to a boom in Copyright-related industries.This situation not only causes great losses to the right holders,but also seriously affects the order of Network Management and restricts the further development of the Copyright industry.At present,there is a slight delay in the relevant system norms of the Criminal Law protection of Copyright in China.The existing criminal laws are not enough to deal with the problems caused by the innovation of network technology.Therefore,how to adjust the Crime of Infringing Copyright from the legislation is a problem worthy of our attention.This paper deeply analyzes the current situation of network copyright crime and the existing problems in China’s criminal law.By drawing on the experience of foreign legislation,this paper puts forward some suggestions for improving the crime of copyright infringement in China.This paper consists of five chapters.The first chapter is the definition of Network Copyright Crime.This paper expounds the concept of Network Environment,expounds the definition of Copyright Infringement Crime and a series of related definitions.The second chapter is the summary of the current situation of Copyright Crime in the Network Environment.At the present stage,the Network Copyright Crime presents the present situation,such as the total number of criminal cases,the crime field is wide,the social harm is serious,the harmful behavior is new and the treatment result is not ideal,which puts forward the new challenge to the criminal regulation of the Network Copyright Crime.The third chapter is the evolution and deficiency of the Criminal legislation of Copyright infringement in the network environment.The Criminal Law protection of Copyright can also be divided into three stages: Indirect criminal law protection stage;Single criminal law protection stage;Criminal Law protection stage.Combined with the evolution of relevant legislation and the current situation and characteristics of Copyright Crime under the network environment,this paper summarizes the problems existing in the crime of Copyright infringement,mainly in the aspects of criminal behavior,criminal object,criminal purpose,penalty allocation,and the connection between Administrative Law and Criminal Law,which need to be further improved.The fourth chapter is the current situation of Copyright Criminal Law protection in the Network Environment outside the territory.Taking the countries and regions with perfect Criminal protection system of Copyright abroad as reference,this paper sums up the legislative experience that China can learn from in dealing with the Network Copyright Crime.The fifth chapter puts forward some suggestions to improve the Criminal legislation of the Crime of Infringing Copyright.In the terms of harmful behaviors,suggestions are put forward for "copying" and "distributing" behaviors to respectively stipulate,and the Criminal Law should be used to regulate the new type of tort.In the terms of criminal object,it is suggested that the Moral Rights of Copyright and database works should be included.In terms of subjective purpose,it is suggested that the requirements of subjective purpose under the Network Environent and the Traditional Environment should be treated differently,and that "non-profit purpose" should be applied to Copyright Crimes under the Network Environment In terms of penalty allocation,suggestions are put forward to improve fine penalty and add qualification penalty.On the issue of the convergence of Administrative Law and Criminal Law,it is suggested to improve the legal basis of the convergence of the two laws,promote criminal legislation,and clarify the standard of transferring cases to criminal judicial organs.