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Crime of copyright infringement and illegal business practices limit

Author: HeYi
Tutor: ChenShiWei
School: Southwest University of Political Science
Course: Legal
Keywords: criminal law crime of copyright infringement illegal business limits
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 73
Quote: 0
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Abstract


Crime of copyright infringement and illegal business practice, are considered judicial type of property crime. Constitute two different crimes in the crime, in general, not confusion. But for the illegal sale of illegal audio-visual products subject is to identify the crime of copyright infringement or illegal business there are different points of view, to have identified the two charges. How to correctly understand the crime of copyright infringement and illegal business practices limit for criminal justice practice and theoretical research has a positive meaning.This article discusses five parts, in practice the boundaries between the two crimes. The first part introduces the case, the defendant Hemou to reap illegal profits, sales of pirated optical discs case.The second part is presented in the case concluded on the basis of the focus of the case, that behavior is a violation of copyright Hemou crime or illegal business.The third part is a qualitative case three different perspectives. One view is that Hemou actions shall be the crime of illegal business, a view that should be the crime of copyright infringement, there are people that should be based on Lapping of Legal Provisions to deal with.The fourth part is the legal analysis. First, the crime of copyright infringement and illegal business in the object on the difference between the two crimes are the object of controversy and the author’s tendency to view comments.Second, the crime of copyright infringement understanding of objective behavior, as described the the charges of "reproducing and distributing" understanding; of "illegal proceeds" of understanding.Third, the objective of the crime of illegal business conduct awareness, as described the the charges of "illegal" understanding of the term; on the "Criminal Law" article 225,paragraph 4, "disturb the market order and other serious illegal acts" understanding. Fourth, the confusion of the two legal analysis of the crime. From the two crimes were implicated in the means, there is legislative history of the same origin and the two crimes is the Lapping of Legal Provisions in three areas to be analyzed.The fifth part is the conclusion of the case from the case with the defendant’s behavior theory Hemou Lapping of Legal Provisions should be found guilty of copyright infringement of their crime, the crime of illegal business identified as the problems, and judicial practice in such cases treatment.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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