| In the era of knowledge economy,innovation is driven to lead development.The copyright system has become more and more important in stimulating innovation,and it is becoming more and more important in promoting the development of copyright and related industries.This has aroused the common concern of many disciplines such as economics and law.Copyright protection is divided into legislative protection and administrative judicial protection.The level of copyright legislative protection in China has been in the forefront of the world,reaching or even exceeding the level of legislative protection in developed countries.However,the intensity of law enforcement is far behind that in developed countries and even lags behind that in developing countries.Judicial protection is the last line of defense,the most basic and powerful means of protection.With the development of science and technology,mankind has entered the era of digital economy.Our country is transforming from traditional printing technology copying to digital technology copying.The creation,use and dissemination technology of copyright works are constantly developing and changing,and the content and implementation methods of copyright works are developing with each passing day.The related copyright industry has also developed rapidly and brought forth the new ideas,which has caused a series of copyright issues.Both copyright legislation and judicial practice are constantly encountering new challenges.With the development of science and technology,the copyright system has been seriously impacted by network technology,and network infringement has become increasingly serious,which has triggered a large number of copyright infringement lawsuits.At present,most of the economic studies on copyright and copyright system focus on the impact of copyright protection on social welfare,the level of copyright protection and copyright administrative and judicial protection.From the perspective of law and economics,there is little research on the judicial decision-making mechanism of copyright infringement court,and there is no complete theoretical framework for the study of judicial decision-making mechanism of copyright infringement court.In view of a series of problems caused by copyright infringement litigation and the shortcomings of the current research,this paper attempts to promote the existing research in the theoretical and empirical aspects of the influencing factors of copyright infringement court judgments,so as to have a deeper understanding of the influencing factors of copyright infringement court judgments.Based on various models and theories of judicial behavior decision-making,this paper puts forward the theory of influencing factors of Chinese court judgments under the framework of legal system,case facts and party strategy.According to the characteristics of copyright infringement cases,this paper concretely analyzes the mechanism of influencing factors of the above-mentioned court judgments from the perspective of interest balance mechanism of copyright law and the influence of case facts and evidence on the formation of judges Anchor effect,litigant’s litigation strategy of resource formation,combined with information asymmetry and information shock,analyzes the influence mechanism of copyright infiingement court judgment.Both the legislation and judicial practice of copyright have their own interest balancing mechanism.Judicial quantitative decision-making will also be affected by the anchoring effect,such as the plaintiffs claim amount,the statutory maximum limit of 500000 yuan,the party’s identity type and other factors form the exogenous anchor,while the judge’s work pressure,court trial methods and other factors form the endogenous anchor,which affects the judge’s decision-making.According to the theory of Party resources,the type of the party’s identity,the party’s lawyer,repeated litigation and the party’s territory will also affect the judge’s judicial quantitative decision-making.In the case of information asymmetry and information shock,the court will take a risk-averse attitude to prevent the occurrence of negative consequences and minimize the cost of error and decision-making.According to the established rules,the judge assesses and predicts the possible consequences,examines the options that can be taken,and makes a judgment focusing on the future.Based on the analysis of the theory of influencing factors of copyright infringement court judgments in China,this paper uses the judgments published in JuFa case database to collect and extract the variable information related to research in the judgments,and makes a statistical analysis on the characteristics of copyright infringement court judgments.It is found that the identity of the party,the lawyer,the territory,the duration of the lawsuit,the type of infringing works and the type of rights have different characteristics on the court judgments.Preliminary statistics show that the resources of the plaintiff’s parties and the availability of lawyers will affect court judgments.Different types of litigants have different litigation purposes and implement different litigation strategies,which have different effects on the plaintiff’s winning rate,court judgments ratio,and court judgments amount.The theory of influencing factors of court judgments on copyright infringement needs further empirical test.This paper empirically tests the impact on court judgments from the perspectives of anchoring effect,litigant’s litigation pricing Capability and litigant’s strategic litigation mode.The plaintiffs claim amount forms an exogenous anchor,which affects the court’s judgments amount.From the perspective of anchoring effect theory,this paper analyzes the impact of the anchor point of the plaintiffs claim amount on the court judgments amount,According to the data collected from the first instance judgments of copyright in 30 provinces and cities(except Tibet)in China from 2015 to 2020,it verifies that the anchoring effect exists in the judicial judgment of copyright infringement.The results show that:there is an inverted U-shaped curve relationship between the plaintiffs claim amount and the court judgments amount.On the left side of the inverted U-shaped curve,the amount of court judgments increases with the increase of the plaintiffs claim amount,but it shows a marginal decreasing phenomenon,that is,with the increase of the plaintiffs claim amount,the increase degree of the court judgments amount gradually decreases;on the right side of the inverted U-shaped curve,the court’s judgments amount decreases with the increase of the plaintiff’s claim amount,which indicates that the court,based on the principle of balance of interests,protects the interests of copyright owners while protecting the dissemination,utilization and diffusion of copyright works.The court’s judgments amount will not increase infinitely with the increase of the plaintiffs claim amount.The plaintiff’s claim amount and the statutory maximum compensation amount of 500000 will have an anchor effect on the judge’s judgment,allowing the judge to determine the amount of the judgment within a certain amount.Factors such as the subject characteristics of litigants and the form of case trial will also form anchor points to further affect the amount of court judgments.The theory of Party resource advantage is not in line with the logic of the rule of law,and the litigation pricing Capability is a key factor affecting the court’s judicial decision.This paper further studies the influence of litigant’s resources on court judgments and analyzes the influence on court judgments from the perspective of litigant pricing Capability.Based on the data of copyright infringement judgments in 30 provinces and cities in China(except Tibet)from 2015 to 2020,this paper uses micro data to empirically study the influence of the parties’ resources and litigation pricing Capability on court judgments based on the intermediary effect model.The results show that:the influence of the party’s resources on the court’s judgments tendency is realized through the litigation pricing Capability.When the original claim amount is less than 10000 yuan,there is a partial intermediary effect,and when the plaintiff’s claim amount is greater than or equal to 10000 yuan,there is a complete intermediary effect.The resource endowment of the parties does not directly affect the outcome of the judgment.The judge does not make the decision based on the identity of the parties and other factors,but makes the decision based on the litigation pricing Capability of both parties.The more the litigants put in litigation resources,the stronger the litigation pricing Capability and the greater the impact on the court judgments.There are differences in the resources invested by different types of litigants,and the resulting litigation pricing capabilities are different,leading to differences in court judgments.This finding provides a more in-depth explanation of the mechanism by which the party’s resources affect the court’s judgments,and helps to improve the fairness of court judgments.The parties’ strategic litigation model affects the court’s judgments.This paper first uses the theory of litigation costs and benefits to establish a model to analyze the causes of copyright trolls strategic litigation,and then theoretically analyzes the characteristics of this kind of litigation mode,which is focused on initiating multiple lawsuits and winning,so as to accumulate litigation benefits.On this basis,based on the data of copyright infringement judicial judgments from 2015 to 2020,this paper empirically studies the impact of strategic litigation mode on court judgments.The results show that:the impact of the copyright news event of black hole photo in visual China makes the strategic litigant(copyright trolls)be treated differently by the court.Before the incident,copyright trolls in the judicial judgments of copyright infringement,compared with the general parties,the plaintiff has a higher winning rate,more judgments amount and heavier court judgments.After this incident,compared with the general parties,the winning rate of the plaintiff of copyright troll is still higher;compared with the general parties,the amount of court judgments of music copyright trolls is slightly increased,but it is significantly reduced,and the court judgments tendency is no different from that of the general parties;Compared with the general parties,the court judgments of image copyright trolls is heavier,but it is significantly lower than before,and the amount of court judgments is no different from that of the general parties.In order to protect the legitimate rights and interests of copyright owners,effectively curb copyright infringements better,create a good environment for copyright development,and make judicial judgments of court copyright infringement more fair,it is necessary to improve the design of the copyright system,reduce the occurrence of copyright infringement from the legislative level,and improve the relief methods of copyright infringement from judicial and administrative law enforcement,At the same time,the self-protection of copyright owners shall be strengthened to promote the fair and just settlement of copyright infringement cases.The innovation of this paper lies in the following three aspects:Firstly,expand the research on the influencing factors theory of copyright infringement court judgments.Based on various decision-making models and theories of judicial action,this paper puts forward the theory of influencing factors of Chinese court judgments under the framework of legal system,case facts and party strategy.According to the characteristics of copyright infringement cases,this paper makes a concrete analysis of the above factors affecting court judgments,from the perspective of interest balance mechanism of copyright law,anchoring effect of case facts and evidence on judges,The litigation strategy of the formation of the parties’ resources,combined with information asymmetry and information shock,analyzes the influencing factors and mechanism of the court judgments of copyright infringement.And using the 2015-2020 copyright infringement judicial judgments data information,conducted empirical tests,from the perspective of law and economics,systematically localized research on the influence factors of copyright infringement litigation court judgments,and provided new empirical evidence.Secondly,it verifies that there is an anchoring effect in court judgments of copyright infringement,and enriches the research of court judgments on copyright infringement from the perspective of the parties’ litigation pricing Capability.In the existing research,few scholars have included the factor of litigation pricing Capability into the analysis.From the perspective of litigation pricing Capability,this paper advances the influence of Party resources on court judgments,uses the intermediary effect model to empirically analyze the influence mechanism of court judgments,promotes the research of Party resources theory,and puts forward the theory of litigation pricing Capability,which improves the explanatory Capability of the theory.On this basis,this paper uses the data information of copyright infringement judicial judgments from 2015 to 2020 to conduct an empirical test,proving that the influence of Party resources on court judgments is realized through litigation pricing Capability,promoting the research on the influence of Party resources on court judgments,and explaining the mechanism of party influence on court judgments.Thirdly,this paper discusses the influence of the parties’ strategic litigation mode on court judgments.The existing research mainly studies the causes of strategic litigation from the copyright related legal system,and there is no normative research on the impact of court judgments.This paper analyzes the mechanism and behavior characteristics of strategic litigation in China’s judicial background,demonstrates the causes of strategic litigation mode in the theoretical level,and makes a quantitative analysis of the impact of strategic litigation on court judgments by using the micro data of copyright judicial judgments,so as to test the impact of strategic litigation on court judgments under the impact of news events,which enriches the existing research This paper discusses the operation mechanism and efficiency of the copyright law and other related legal systems,and provides ideas for the improvement of the copyright law and other related legal systems. |
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