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实质刑法解释立足于当前社会的发展,基于刑法规定的犯罪构成要件,以做出适应社会发展又遵循罪刑法定的刑法解释。新媒体时代,社会交流与传播呈现出互动性、集中性、广泛性等新特征。侵犯著作权罪因与新媒体时代紧密相关,在案件数量和案件特征方面,呈现出侵权范围广、侵权数额大、侵权行为方式灵活隐蔽、侵权目的多样性等新的特点。刑法条文的规定,仅从形式上来解释,与其他法律规定及司法解释存在许多不协调之处,已然不能适应社会的发展。在犯罪构成要件方面,尤其是主观上“以营利目的”方面,需要我们进行实质性解读。
The substantive interpretation of criminal law is based on the development of current society and is based on the elements of the crime stipulated by the criminal law so as to make it comply with the criminal law interpretation of crime and punishment as well as adapt to the social development. In the new media era, social communication and dissemination showed new features such as interaction, concentration and universality. The crime of copyright infringement is closely related to the age of new media. New features such as wide range of infringement, large amount of infringement, flexible concealment of infringement methods and diversified purpose of infringement have appeared in the number of cases and the features of cases. The provisions of criminal law provisions are only explained in terms of form. There are many inconsistencies with other legal provisions and judicial interpretations, which are no longer suitable for the development of society. In terms of constitutional elements of crime, especially subjectively, “for profit purposes,” we need to make substantive interpretations.