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학술논문법학연구2020.04 발행

A Study On the Problems and Improvement in the Protection of Copyright in the Chinese Criminal Law

A Study On the Problems and Improvement in the Protection of Copyright in the Chinese Criminal Law

우멍저(청도대); 박상식(경상대학교)

28권 2호, 93~113쪽

초록

At present, China is in the stage of economic prosperity and development. In this process, the development of copyright is in full swing. In this process, along with the continuous development of the copyright industry and the rising value of innovation in the national economy, the issue of copyright protection has received increasing attention. 12) When people's self-innovated knowledge products are easily copied and disseminated, the value of this product is obviously reduced, and the legitimate rights and interests of those who create knowledge products will be violated, and their enthusiasm for creating will be reduced. Therefore, only by comprehensively cracking down on piracy, so that works can no longer be easily copied and disseminated. Only by a copyright protection system is established, can we create a good legal environment for the development of the copyright industry, so as to encourage more creators to innovate, and protect authors Rights and interests to promote social progress. In the current criminal law system in China, only the "crimes of intellectual property infringement" in Chapter III, Section VI of the Criminal Law of the People's Republic of China are related to copyright crimes. The successful experience of other countries should be used to further improve the criminal law protection system. This article considers the focus of the appeal issue, refers to and analyzes relevant literature, and combines the actual situation in China to address the problems and solutions to copyright criminal law protection. First of all, the necessity and current situation of criminal law protection are briefly described. Secondly, a brief analysis of the current copyright criminal law protection issues was made from the international level. Thirdly, the copyright criminal law protection of the United States, Japan, Germany, and South Korea is compared. Finally, the corresponding countermeasures for the problems in criminal law protection are put forward one by one.

Abstract

At present, China is in the stage of economic prosperity and development. In this process, the development of copyright is in full swing. In this process, along with the continuous development of the copyright industry and the rising value of innovation in the national economy, the issue of copyright protection has received increasing attention. 12) When people's self-innovated knowledge products are easily copied and disseminated, the value of this product is obviously reduced, and the legitimate rights and interests of those who create knowledge products will be violated, and their enthusiasm for creating will be reduced. Therefore, only by comprehensively cracking down on piracy, so that works can no longer be easily copied and disseminated. Only by a copyright protection system is established, can we create a good legal environment for the development of the copyright industry, so as to encourage more creators to innovate, and protect authors Rights and interests to promote social progress. In the current criminal law system in China, only the "crimes of intellectual property infringement" in Chapter III, Section VI of the Criminal Law of the People's Republic of China are related to copyright crimes. The successful experience of other countries should be used to further improve the criminal law protection system. This article considers the focus of the appeal issue, refers to and analyzes relevant literature, and combines the actual situation in China to address the problems and solutions to copyright criminal law protection. First of all, the necessity and current situation of criminal law protection are briefly described. Secondly, a brief analysis of the current copyright criminal law protection issues was made from the international level. Thirdly, the copyright criminal law protection of the United States, Japan, Germany, and South Korea is compared. Finally, the corresponding countermeasures for the problems in criminal law protection are put forward one by one.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.35223/GNULAW.28.2.5
분류:
기초법

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