Presently,the determination of illegal publishing activities in academic circles is mainly made from the perspective of dualism,by which such crimes are categorized into unlawful forms and unlawful content.However,the belief in dualism has led to many problems including improper logical order between content and procedure,unclear standards for distinguishing content from procedure,and failure to clarify the relationship between criminal law and preliminary laws.Because criminal law is subordinate to preliminary laws,illegal publishing activities can be further classified into three types:violation of civil rights,violation of administrative prohibition,and violation of administrative control.This re-typification method helps to reveal the criminal nature of the illegal publishing activities,and ensures that copyright owners are the key to determining copyright infringement crimes,thereby realizing the effective coordination between preliminary laws and criminal law.
关键词
非法出版/行政从属性/前置法/民刑衔接
Key words
illegal publishing/administrative subordination/preliminary laws/connecting civil law with criminal law
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