On The Originality

"2001 North doctoral suspected plagiarism," a smell set off an uproar in academic circles, it raises the rampant corruption in the academic and legal concerns about how to regulate this phenomenon of reflection. The purification of academic atmosphere, analysis of academic corruption were involved in the enduring issues of copyright law-the original works.Original works as a source of rights is the protection of the rights of the copyright law gives the cornerstone. The one hand, the world will be original works as a legally recognized one of the elements of protection, partly because of differences in legal systems of the background, the requirements for the original date, there is no uniform standard. Originality standard uncertainty, not only in the judicial practice around the world has brought problems of copyright disputes, but also makes our system of intellectual property law is not yet mature Construction suffered a bottleneck.The subject of this paper, Original works were discussed in the framework of the arrangement in accordance with the system, history, inter-district comparative law, empirical analysis of construct arranged in four parts Legislation Plan, through the study of these problems in order to determine the appropriate Our legislative and judicial work originality criteria. The first chapter, starting with the works of the origin and evolution of the original start, the copyright law countries it is produced along with the Court's jurisprudence and development, the paper introduces the British and American classic case of the two countries, and of the law countries the right to original system works was given more "natural rights" of the spirit of philosophy, and in the original throughout the development process; Secondly, to explore the properties of national scholars identified with the original dispute, original works of constituent elements or as is to protect the elements so far the theory of the focus of debate, but most of the world will be original works protected by law as one of the elements and be prescribed; the final objective of establishment of the system from the original analysis, summed up as a protected form elements, management of academic corruption, balance of three functions of public interest. The second chapter, by way of comparative law of copyright law, the right of law and the law of inter-district system, the provisions of the original works. Copyright law is more inclined to work for the protection of commercial value, whether it is the UK's "skills, judgments, labor," the original standard, or the United States, "a small amount of originality" standard, are made after completion of works in creating more vulnerable to copyright protection of the law, and more conducive to promoting the exchange and dissemination of cultural products; and the right of law tend to focus on the moral rights of France's "reflect the personality of the" standards and the German "small coin theory" standards are all works to obtain legal certainty threshold set to a certain extent, it works as a greater emphasis on the expression of feelings and thoughts of the media concept, judicial practice and more stringent decision; of Interregional law and the provisions of the original works is not clear, it follows the two legal systems related to their legislative intent. Chapter III discussed the elements to determine the composition of original works, should include the "creative act", "independently", "highly creative", "creative intent" of four parts, and on the U.S. Court created by the original "three-step determine the law ", in practice the application of original works of this program will help us better determine the perfect justice, in addition to create original works of different treatment of different standards to deal with the complicated art forms. The final chapter, analysis of the legislative status of original works, original works of the existing provisions are not clear and there is logic to explain the phenomenon of the vicious cycle, lack of status for legislative solutions proposed in this paper to make up for lack of legislation and improve the supervision system the main legislative building the system of original ideas. In the context of specific national conditions, the originality of the developed countries can not be completely portable system, but should learn to adapt the legal framework of values, the Copyrights and integration of advanced concepts, thus contributing to improving the system of original works.Original article by exploring the system works, hoping to establish detailed criteria for judging works of original meaning and to deal with plagiarism, plagiarism and other academic corruption and resolve the copyright rights of judicial practice disputes.