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我国已通过附属刑法规范为技术措施规避行为设定了刑事责任,但因没有具体罪刑规定而尚存刑法适用上的漏洞。规避行为的类型有规避实施行为和规避准备行为两种。我国应运用刑法理论,将规避实施行为视其性质和目的而纳入刑法已有的侵犯著作权罪刑法规范中规制,又应增修法律将规避准备行为纳入不同于侵犯著作权罪的新的刑法规范中进行规制。
Our country has set criminal responsibility for circumvention of technical measures through the norms of the affiliated criminal law. However, there are still some loopholes in the application of criminal law due to the absence of specific provisions of crimes and punishments. There are two types of evasion behavior: evasion of conduct and avoidance of preparation. China should apply the theory of criminal law to incorporate the evasion of enforcement acts into the existing provisions of criminal law that violate copyrights in criminal law as well as the new law of criminal law different from the offense of copyright infringement Regulation.