论法国著作权法对假冒行为的严格刑事立场

The Strict Criminal Position about Conterfeiton in the French Law of Author's Right

依法国著作权法,侵犯著作权的违法行为被统称为假冒行为,凡是假冒行为,皆属犯罪。较新的法文原始资料显示了法国假冒行为的概念及其构成要件,揭示出法国著作权法针对假冒行为的严格刑事立场,即“具有合理性,但过于严苛”。以此为鉴,我国著作权立法在选择合适的刑事立场时至少应考虑社会背景性和经济性因素。

According to the French law of author＇s right, all the acts of infringing the author＇s rights are called, every conterfeit on is an offense. Mainly using the new primitive data in French, by analyzing the concept and the conditions of constituting the conterfeit, the conclusion is that the strict criminal position, concerning the sanctions to the conterfeit, is applicable, and this position is reasonable but too much strict. In the end, our legislators should at least think about the social background elements and economic elements when they select the proper criminal position in the Chinese law of author＇s right.