Legal analysis
Plagiarism of the original author's works has a large number and wide influence, which makes the infringer gain great reputation. The original author may claim compensation for mental damage according to law. In addition to the above administrative and civil responsibilities, plagiarism of the original author's written works for profit may also involve criminal responsibility if the circumstances are serious. Plagiarism of original works and academic achievements is classified as forged dissertations, which stipulates that "if a degree applicant's dissertations are fraudulent, such as purchasing, plagiarizing or tampering with data, the degree-granting unit may cancel his degree application qualification; If a degree has been obtained, the degree-granting unit may revoke its degree and cancel its degree certificate according to law. " In addition, copying the original is also a civil tort! Plagiarism is a method of plagiarizing the original author's works, which infringes the original author's copyright and belongs to a kind of intellectual property rights, that is, infringes the original author's intellectual property rights. It is necessary to negotiate with the infringer to stop damages.
legal ground
Article 217 of the Criminal Law of People's Republic of China (PRC) stipulates that "for the purpose of making profits, anyone who commits one of the following acts of infringement of copyright or rights related to copyright, and the amount of illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined: "(1) Copying and distributing his written works, music, fine arts, audio-visual works, computer software and other works prescribed by laws and administrative regulations to the public through the information network without the permission of the copyright owner; "(2) publishing books with exclusive publishing rights enjoyed by others;" (3) Copying and distributing the audio and video products made by the producer to the public through the information network without the permission of the producer; (4) reproducing and distributing audio and video products of their performances without the permission of performers, or disseminating their performances to the public through information networks; (5) producing and selling counterfeit works of art; "(6) Deliberately avoiding or destroying the technical measures taken by copyright owners to protect their works, audio and video products and other copyrights or copyright-related rights. Without the permission of the copyright owner or the copyright-related obligee.