Abstract:

Article 217(6) of Amendment (XI) to the Criminal Law of the People’s Republic of China recognizes that the direct circumvention behavior constitutes the crime of copyright infringement, but does not stipulate whether the indirect circumvention behavior entails criminal liability. According to the two-level analysis path, the indirect circumvention behavior should be subject to criminal regulations. From the perspective of the theory of two levels of crime constitution, the indirect circumvention behavior is illegal and should be subject to criminal regulations, which meets the constituent elements of the crime of helping information cybercrime. From the perspective of the elements of liability, it should be emphasized that the indirect circumvention behavior must be intentional, and negligence and neutral acts of assistance do not constitute a crime.

Key words: indirect circumvention behavior, crime of helping information cybercrime, criminal liability