The Criminal Compliance System for Copyright Protection
The crimes of infringing on the copyright of enterprises are mainly concentrated in computer software,written works,audio-visual products,etc.,and the punishment methods are both single and double penalty systems.Enterprises are prone to become high-risk entities for crimes in the field of copyright.While continuously obtaining copyright in their production and business activities,they also face the risk of copyright infringement.In the face of the increasing risk of copyright crimes of enterprises,the implementation of a criminal compliance system can divide the responsibilities of enterprises and help enterprises decriminalization.At the same time,however,the principle of proportionality should not be ignored in order to balance the relationship between innovation and economic efficiency.First,the concept of compliance should be established to balance interests,and optimize the substantive effect of the rectification of the corporate copyright criminal compliance system.Secondly,it is necessary to build an effective mechanism for the connection between the administration and the judiciary to prevent enterprises from further violating criminal laws because they fail to stop administrative violations in a timely manner.Thirdly,it is necessary to establish a system of deferred prosecution agreements to encourage enterprises involved in cases to voluntarily return illegal gains and compensate for losses,and give full play to the social role of the criminal compliance system in protecting copyright.Finally,criminal compliance is taken as a statutory sentencing circumstance so that the public can realize the stable expectation of the compliance leniency incentive system.Therefore,it is of great practical significance and theoretical value to improve the criminal compliance system in the field of copyright and explore the construction of a copyright protection system suitable for China's national conditions in the field of enterprise copyright.
field of copyrightinfringement riskcorporate offensecriminal compliance systemcohesion mechanism of execution
NETL
NSTL
万方数据
维普
