The Perfection of Chinese Criminal Legislation on Network Infringement of Copyright

DOI

10.2991/mmetss-19.2019.165How to use a DOI?

Keywords

Network, Dissemination Through Information network, Dangerous Result Standard, Protection Object, Purpose Element

Abstract

This paper introduces the current situation of criminal legislation on network infringement of copyright in China, including the Criminal Law, judicial interpretations, normative legal documents and the Copyright Law and relevant laws and regulations. The current criminal legislation on network infringement of copyright in China has four main problems: the new type of intellectual property cannot be fully included in the scope of criminal law protection; the current provisions in the Criminal Law cannot include the new type of network infringement of copyright crimes; the result standard of network infringement of copyright crimes still needs to be improved; the purpose elements limit the scope of the punishment. The countermeasures for the perfection are: appropriate adjustment of the protective scope of copyright by the criminal law; add independent crimes of network infringements of copyright; refine the result standard of criminal acts of network infringements of copyright; offenses with purpose of “for profit” should be adjusted to be more serious punishment types.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Kai Min
PY  - 2019/10
DA  - 2019/10
TI  - The Perfection of Chinese Criminal Legislation on Network Infringement of Copyright
BT  - Proceedings of the 2019 4th International Conference on Modern Management, Education Technology and Social Science (MMETSS 2019)
PB  - Atlantis Press
SP  - 819
EP  - 823
SN  - 2352-5398
UR  - https://doi.org/10.2991/mmetss-19.2019.165
DO  - 10.2991/mmetss-19.2019.165
ID  - Min2019/10
ER  -