Abstract：In order to make up the legislative generation gap between China's prepositional law and criminal law, it is necessary to expand the explanation of the“distribution”of the crime of copyright infringement, which should include“information network transmission”.In order to avert the standard inversion between civil and criminal imputation, it is necessary to regard essence presence standard as the standard for identifying the communication behavior of the information network in place of server standard and social harmfulness standard.Accordingly, the reason that deep linking behavior constitutes the principal offender of crime of copyright infringement is not the theory of accomplice offender and social harmfulness, but the reason for changing the presentation of the works essentially.The behavior that network service provider provides technical services to other people, knowing that other people are committing crime of copyright infringement is not neutral behavior without responsibility, and the behavior should constitute accessory offender of crime of copyright infringement.Network technology service provider shall have the obligation of removing infringing works or disconnecting the link, which is derived from the previous behavior of danger, and the omission violating the obligation constitutes accessory offender of crime of copyright infringement.
欧阳本祺. 论网络环境下著作权侵权的刑事归责
——以网络服务提供者的刑事责任为中心[J]. 法学家, 2018, 0(3): 154-168.
OUYANG-Benqi . The Criminal Imputation of Copyright Infringement in the Network Environment——On the Center of Criminal Responsibility of Network Service Provider. , 2018, (3): 154-168.
2018, 
