The Perfection of Chinese Criminal Legislation on Network Infringement of Copyright

摘要

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.