提起网络著作权侵权民事公诉的必要性——兼论网络著作权侵权民事公诉制度之具体建构

The Necessity to Present the Civil Public Prosecution of Network Copyright Infringement: Also on the System Constructing of the Civil Public Prosecution of Network Copyright Infringement

网络著作权侵权现象在现代社会日益严重,但我国法律迄今尚未对提起网络著作权侵权民事公诉做出任何规定。其实提起此类诉讼极其必要,它具有着法理必要性、技术必要性和起诉主体必要性。此外从民事公诉范围、受案渠道、受案条件、诉前调查、审查起诉和正式提起公诉六方面还对网络著作权侵权民事公诉制度进行了具体建构。

In modern society, network copyright infringement phenomena became increasingly serious, but in our country law has not been made to regulate to present the civil public prosecution of network copyright infringement until now. Actually it is extremely necessary to present this kind of prosecution which had legal necessity, technical necessity and prosecution subject necessity. In addition, the paper constructed the civil public prosecution of network copyright infringement from six aspects which are civil public scope, channel of accepting, conditions of accepting, investigation before prosecution, examining the prosecution and formal presenting the public prosecution.