Research On Criminal Law Regulation Of Deep Link Behavior

Deep link is a cutting-edge link technology with the development of the Internet.Its main function lies in that it enables users to obtain Internet information free of charge.However,while providing convenience for users to obtain information,deep link may infringe the legitimate rights and interests of copyright owners and disturb the copyright order due to its free nature.At present,there are no specific provisions on deep linking in Chinese law.Due to the blank of law,there are many disputes on the behavior characterization,incrimination and incrimination path of deep linking in practice.In this context,this paper proposes that deep link should be included in the scope of criminal law regulation,so as to maintain the order of copyright market.In addition to the introduction and conclusion,this paper consists of three parts.The first part,first of all,from the definition and characteristics of deep linking analysis,by discussing the advantages of other common links compare depth to illustrate its popular reason,followed by analysis of deep links in copyright property,draw a deep links constitute indirect infringement under specific conditions,so as to lay a foundation to be included in the category of criminal law.The second part mainly analyzes the necessity and dilemma of incrimination of deep link,and thinks that the harm result caused by deep link can not be underestimated,and there are loopholes in the provisions of civil legal norms,which illustrates the necessity of incrimination of deep link in two aspects.However,in the path of incrimination,there are certain obstacles in both the conviction and punishment of copyright infringement crime and the conviction and punishment of joint crime of copyright infringement crime.The third part puts forward the corresponding solutions to the problems encountered by the deeply linked regulation path,and proposes that the theory of joint behavior and the theory of accomplice behavior can solve the difficulties encountered by the regulation of joint crime.In addition,according to the previous amendments to the Criminal law,the author believes that "the crime of refusing to perform information network security management obligations" and "crime of helping information network criminal activities" can be used to convict and punish the deep link,and finally comes to the conclusion that the regulation of deep link by criminal law is feasible.