On Information Disclosure System In China's Copyright Field

In the era of universal mobile Internet,in order to cope with the increasingly serious problem of personal information leakage,strengthening the legal protection of personal information has become the only way to solve this problem.As far as the civil field is concerned,from the recently promulgated General Principles of Civil Law to the latest draft of the Civil Code's Personality Draft,the legislature has all strengthened the protection of citizens' personal information by improving the legal environment in China.As a network service provider information disclosure system involving copyright holders,network service providers and network users,the information disclosure behavior is not a kind of behavior that damages citizens' information rights,but belongs to the rules of personal information.A positive handling behavior.Although on the whole,in the absence of a systematic Copyright Law and a single-line personal information law,the information disclosure system in China's copyright field is not perfect,but this issue has been highly valued by the Standing Committee of the National People's Congress and will It was written into a new round of legislative planning.Starting from revealing the origin,development and characteristics of the information disclosure system,this paper focuses on the status quo and improvement of the information disclosure system in the domestic copyright field,and attempts to analyze and summarize the relevant legislative activities,judicial practice and academic research results at home and abroad.Suggestions for the improvement of the information disclosure system in the copyright field.First of all,the article introduces the information disclosure system in the copyright field is a system in which the network service provider provides the copyright owner or the state authority with the personal information of the user who is suspected of infringing the copyright network under the law or the request of the party.It also reveals that the information disclosure system is supplemented by the principle of “safe haven” and was born under the guidance of the principle of balance of rights and interests of books.At the same time,it summarizes three distinctive features of the information disclosure system in the copyright field.Secondly,the article summarizes the information in the three laws of Internet copyright judicial interpretation,Internet copyright administrative protection measures and Information network communication rights protection regulations bycombing the development process of China's network service provider information disclosure system.The disclosure clause promoted the emergence and development of China's information disclosure system.Through the analysis of the legal provisions,the author finds that there are two different modes of information disclosure in the field of copyright in China: the “copyright owner-ISP” model and the administrative law enforcement model.The article combines the judicial precedent "Witches and Children's Case" and academic research results to analyze the differences between the two types of information disclosure models,and summarizes the characteristics and deficiencies of the information disclosure system in China's copyright field.Thirdly,the author systematically studies the emergence of the “authority law enforcement model represented by Germany” and the civil procedure relief model represented by the United States,especially the US “copyright summons” and anonymous litigation mode.The status of the information disclosure system in the field of copyright in major western countries.It reveals the close relationship between the information disclosure system of Western countries and civil procedures or administrative procedures.Finally,the article reveals that the core contradiction to be solved in the information disclosure system in the field of copyright is the conflict between the personal information right of the network users and the property rights of the copyright holders.Therefore,the perfection of the information disclosure system in the copyright field in China is inseparable from the theory of balance of interests,proving the theory of obstruction.And the support of civil rights relief theory.At the same time,we also need to extract the essence from the research on the relevant systems outside the domain,combined with the information disclosure system in the field of personal rights in China,the judgment of the Beijing court in the "Witch Yoo Hee Case",the latest research results of domestic and foreign scholars and the typical jurisprudence of foreign countries.Suggestions for the improvement of the information disclosure system in the field of copyright in China.