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Research On The Right System Of Copyright

Posted on:2005-02-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:A L FeiFull Text:PDF
GTID:1116360122481894Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This dissertation, from the perspective of comparative science of law, philosophy of law, history of law, economics of law, has made a comprehensive analysis of some theoretical problems of the copyright system, such as the justification of copyright, the ideology and principles in the constitution of copyright system, and the duality of the system which provide both personality right and property right, taking the original right owner as its focus. By comparing different legislative ideologies in different countries and thinking over the advantages and disadvantages of different legislative patterns, the author hopes to set forth the institutional ideology and rationale which should be stuck to in the constitution of copyright system in China. Considering the drawbacks and rights vacancy existing in the copyright legislation in China, the author also puts forward corresponding solutions and their jurisprudence basis. The dissertation consists of five chapters: Chapter One "Introduction", Chapter Two "A detailed inquiry into the justification of copyright – seeing through history", Chapter Three "The institutional ideology in the constitution of copyright system", Chapter Four "Principles in the constitution of copyright system --- the principle of creating rights for human beings", Chapter Five "The duality of copyright system I --- author's personality right system", Chapter Six "The duality of copyright system II --- author's property right system." The final part is the conclusion of the dissertation.Chapter One "Introduction": It states the original purpose for writing the dissertation, the research value and the research method of it. It also discusses the problems in the field of copyright system research, the basic train of thought, the realm that have been covered in this dissertation. It aims at introducing the research on copyright system, which is a fundamental theoretical subject. It maintains that the research should be based on China's specific situation of economy, culture and the concept of rights to explore systematically what the copyright system is and the problems existing in it, what the historic, economic, and jurisprudential ideology behind its formation are, what the adjusting scheme is and a series of other fundamental legal problems.Chapter Two "A detailed inquiry into the justification of copyright --- seeing through history": Taking the historical evolution of "jus" in Roman Law and "right" in Chinese as a focus, this chapter attempts to answer the following questions: First, the relationship between copyright and the factors of rights which regard human beings as of prime importance; Second, the essence of rights from the perspective of copyright; Third, the relationship between the benefits of free-minded people and other people under the system of copyright, for example, the free-minded people and the statutory attribute of rights, whether the rights, not admitted by law, are rights or not, etc.Chapter Three "The institutional ideology in the constitution of copyright system": To better understand the characteristic and the value of rights and to grasp the function of rights should start from the system's position. On the basis of discussing the relationship between private right system and copyright system, this chapter probes into the causes that copyright systems take on different structures. It can be found that there are two legislative ideologies which lead to various structures of copyright system by analyzing the gradual progress of copyright in history: the doctrine of copyright and the doctrine of author's right. The copyright system of our country demonstrates the institutional ideology which can be reflected by its evolution and system choice.Chapter Four "The principles in the constitution of copyright system --- the principle of creating rights for human beings": This chapter makes a proposition that "the copyright system should regard 'creating rights for human beings 'as its principle". It intends to reveal that on the de...
Keywords/Search Tags:copyright, copyright system, author's personality right, author's property right
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