On the Identification of Copyright Infringement Crime of Network Platform Service Provider under the Vision of Joint Crime
The traditional method of identifying the accomplice of copyright infringement by network platform service providers is faced with the difficulty of identifying the common act and the common intention.On the basis of"two or more persons jointly committed intentional crimes",the objective elements of the identification of the accomplice of the crime of copyright infringement by network platform service providers are revised to take causality as the sufficient elements,and the subjective elements are revised to objectification of the intention of the accomplice.Based on the promotion effect of the network platform service providing behavior on the offender's behavior and the actual effect of the helping behavior on the offender's behavior,there is a causal relationship between the network platform service provider's behavior and the perpetrator's behavior.When the network platform service provider carries out the help behavior as a way,its subjective state should be clearly aware of the existence of"objectification of the intention"according to the three objective circumstances of the service work,the service subject and the service cost.When the network platform service provider implements the help behavior in the form of inaction,it has the obligation to supervise the guarantor's act.If it fails to perform the act obligation,it can be determined that there is"objectification of the intention of offense"according to two objective situations:failure to take any timely measures and failure to take effective"necessary measures".
joint crimenetwork platform service providercrime of copyright infringementcausalityobjectification of criminal intent
万方数据
维普
