技术措施规避行为在网络环境下现实存在且多发,我国已将其纳入民事、行政制裁体系,在附属刑法中也加以规定,但惩治效果一直不明显,一定程度上阻碍了对知识产权的保护。国际上知识产权保护水平较高的国家早已采用不同的立法模式将其细致的归入刑事制裁体系,借鉴其他国家的立法经验,对于技术措施规避行为在我国的刑法规制有很大作用。 Avoidance of technical measures exists in reality in the network environment and occurs frequently. China has incorporated it into the system of civil and administrative sanctions. It is also stipulated in the subsidiary criminal law. However, the effect of punishment has not been obvious, which hinders the protection of intellectual property to a certain extent. Countries with relatively high levels of intellectual property protection have long adopted different legislative models to categorize them in the system of criminal sanctions. Learning from the legislative experience of other countries has played a significant role in the criminal law and regulation of the circumvention of technological measures in our country.