问题 问答题 简答题

简述侵犯著作权罪的特征。

答案

参考答案:

概念:侵犯著作权罪,是指以营利为目的,侵犯他人著作权,非法所得数额较大或者有其他严重情节的行为。

本罪有以下特征:

1、本罪的客体是著作权人的著作权和国家关于著作权的管理制度。

2、本罪的客观方面表现为违反我国关于著作权的法律、法规,侵犯他人著作权,非法所得数额较大或者有其他严重情节的行为。其具体表现有以下四种:

a、未经著作权人许可,复制发行其文字作品、音乐、电影、电视、录像作品、计算机软件及其他作品的。

b、出版他人享有专有出版权的图书的。

c、未经录音、录像制作者许可,复制发行其制作的录音录像的。

d、制作、出售假冒他人署名的美术作品。

3、本罪的主体是一般主体,包括自然人和单位。

4、本罪的主观方面是故意,并且具有营利的目的。

单项选择题

The component of the healthy personality that is the first to develop is the sense of trust. As with other personality components, the sense of trust is not something that develops independent of other manifestations of growth. It is not that infants learn how to use their bodies for purposeful movement, learn to recognize people and objects around them, and also develop a sense of trust. Rather, the concept "sense of trust" is a shortcut expression intended to convey the characteristic flavor of all the child’s satisfying experiences at this early age.

Studies of mentally ill individuals and observations of infants who have been grossly deprived of affection suggest that trust is an early-formed and important element in the healthy personality. Psychiatrists find again and again that the most serious illnesses occur in patients who have been sorely neglected or abused or otherwise deprived of love in infancy.

Observations of infants brought up in emotionally unfavorable institutions or moved to hospitals with inadequate facilities for psychological care support these findings. A recent report says that "Infants under 5 months of age who have been in an institution for some time present a well-defined picture. The outstanding features are listlessness, relative immobility, quietness, poor sleep, an appearance of unhappiness, etc. " Another investigation of children separated from their mothers at 6 to 12 months and not provided with an adequate substitute comes to much the same conclusion.

Most significant for our present point, these reactions are most likely to occur in children who, up to the time of separation at 6 to 9 months of age, had a happy relation with their mothers, while those whose relations were unhappy are relatively unaffected. It is at about this age that the struggle between trusting and mistrusting the world comes to a climax, for it is then that children first perceive clearly that they and their environment are things apart. That at this point formerly happy infants should react do badly to separation suggests, indeed, that they had a faith that now has been shattered.

In most primitive societies and in some sections of our own society, the attention accorded infants is more in line with natural processes. Throughout infancy the baby is surrounded by people who are ready to feed it, fondle it, and otherwise comfort it at a moment’s notice. Moreover, these ministrations are given spontaneously and wholeheartedly, and without that element of nervous concern that may characterize the efforts of young mothers made self-conscious and insecure by our scientific age.

We must not exaggerate, however. Most infants in our society too find smiles and comfort. As their own bodies come to be more dependable, there is added to the pleasures of increasing sensory response and motor control the pleasure of the mothers’ encouragement. Then, too, psychologists tell us that mothers create a sense of trust in their children not by the particular techniques they employ but by the sensitiveness with which they respond to the children’s needs and by their overall attitude.

A possible reason that a child having an unhappy relation with his/her mother will not be affected by maternal separation at 6 to 9 months is that ().

A. the struggle between trusting and mistrusting has reached a climax

B. the child sees himself/herself as being separate from the environment

C. the child’s sense of trust is destroyed

D. no sense of trust has ever developed

判断题