论文部分内容阅读
网络的急迅成长衍生了侵犯信息网络传播权的犯罪。该种犯罪在过去的几年中数目上持续增长,犯罪行为类型林林种种,帮助行为作用突显;行为不受物理空间的限制,地域跨度大;行为对象种类繁多。司法实践中,行为人经常利用合法形式掩盖实质传播,给具体案件的认定提出了很多新的法律问题。由于网络发展和公众利益的需要,认定这类犯罪行为时必须考虑权利人和上述二者之间利益的平衡。
The rapid growth of the Internet has led to the crime of infringing the right of information network dissemination. The number of such crimes has continued to increase in the past few years, and there are various types of criminal acts that help to highlight the role of behavior. Behavior is not limited by physical space and has a large geographical area. There are many kinds of actors. In judicial practice, the perpetrator often uses the legal form to cover up the substantive communication and raises many new legal issues for the identification of a specific case. Due to the needs of network development and public interest, the determination of such criminal activities must consider the balance of rights between the obligee and the above two.