The Legislative Expansion and Judicial Limitation of Criminal Law Protection for Online Copyright——Starting From "The Amendment to the Criminal Law(11 th)"
"The Amendment to the Criminal Law(11 th)"has made significant revisions to the crime of copyright infringement by adding modes of infringement,expanding existing charges,and raising the legal maximum penalty,responding to the society's demand for strengthening the criminal law protection of online copyright and showing a trend of legislative expansion in the field of copyright crimes.However,the current criminal law protection of online copyright still faces problems such as unclear definition of infringement behavior,improper connection with"The Copyright Law",and uncertainty in sentencing.Based on the dual purpose of copyright protection and the modesty of criminal law,judicial limitations should be applied in the application process,such as limiting the interpretation of"copying and distribution",reasonably defining the behavior of"dissemination through information networks",and improving the standards of penalty discretion to return to the legislative intent,in order to achieve a balance between personal interests and social public interests in copyright protection.
network copyright"The Amendment to the Criminal Law"legislative expansionjudicial Limitation
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