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The Chinese Ancient Copyright Protection Survey

Posted on:2008-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:D SuFull Text:PDF
GTID:2166360215452415Subject:Legal History
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The full text is divided into six major parts together. The first part is the foreword, in the centre text is four major parts. Firstly the concept of the ancient times copyright protect is to be carried out, and after think of argument about in ancient China whether or not existence the copyright protects to bring forward myself viewpoint. Then according to China ancient times history age to example out the ancient book protects. Proceed to sum up out the characteristics which are displayed in the ancient times copyright protection. Finally try to answer why Chinese copyright is behind the west country not to develop to modern copyright .The sixth parts are the conclusions.Part I is a foreword , which introduce the main body of the text ,why to write, core problem, research method and study purpose. China in the nowadays in the field of the intellectual protection rights nearly all are the west imported goods, China is a ancient civilized culture, in ancient times whether or not have book protection, how to protect, "local territory resource "that if having made use of? History analysis method and the law culture method, on the basis in the research to the historical material came out in the ancient times about the book, tries to reach the conclusion that China exists in ancient times to the copyright protection. And strive to answer why China is behind the west not having formed the modern copyright protecting system. . Hope that the research can open and enlighten thinking, can much better application to our country.Part II China in ancient whether or not existence copyright protection, this is the academic circles argument core location. The author first to boundary stablely the concept of copyright in the ancient times , is that the copyright protected is one kind of the protection to the book which is similar to modern copyright , can looks as the germ of modern copyright .Can not use a few ancient copyrights to protect behavior analogy copyright in the nowadays legal system simplely. After thinking of the opposite viewpoint guarding Professor An and Zheng carefully. Reach the conclusion, there existing a copyright in ancient times finally.Part III has been the history evolution that the Chinese copyright the ancient times protects which is divided into tree big stages:1. The year in embryo that Warring States protects till Han dynasty copyright the ancient times, this one stage is only a period to the book protection therefore a little a small amount fragmentary mental consciousness, being called in embryo. Signature embodying in mainly to biography work upper, on the country protection to the calendar and to the books that self supervises the manufacture of.2. Development period that the copyright protects in Tang Dynasty till the ancient times Five to Ten Countries. After inventing block printing in Tang Dynasty, the book makes way epoch-making the right transforming , writing a number increasing greatly , writing to announce right, modification , the entire right protecting work happened , servitude , acquisition reward weigh up taking seriously waiting to begin to arouse people.3. Song replace the representative period that the end of the century copyright the ancient times protects till 19. That this one stage is called the representative period is because of the case enriching, comes from and the request protecting in popular personal or relatives about the copyright mostly. The representative history example "thicket Chinese cinnamon hair collection of poems unties" and "method of carriage victory takes a look at ", has a lot of right to require that protection is similar to modern copyright extremely among them. The country carries out protection then by public on the grounds of the official call to arms or certificate culture, there is certain procedure embodied. Song Dynasty is the important period studying the copyright protected in the ancient times , argument of a lot of scholar most probably is an example owing to this times history to come out. Part IV is the characteristics that in the ancient times copyright protects, sums up the following characteristics:1. Similarity with modern copyright system. List out the attitude of plagiarizing , the protection to the compiler, Song Dynasty already pays attention to arriving at the copyright similarity such as inheriting a problem , having certain moist law procedure.2 .The protection to the publishing right more. Publishing right was a lower copyright place concept , mostly publishing person was (sometime the publisher and the author are coincident )to be protested in the ancient times. This is because of the society political economy condition in China feudalist society, lack of self right .But, the copyright is still existence.3 .Public relieves union with the self-protection strenuously. The public force relieves is embodying in the government publish male evidence , notice , certificate culture form informing of society "turns board is forbid ", private interests relieves the mental consciousness showing person, mint-mark person and intellectual self-protection right among upper plate mark and print of books, having warned ancient times turning the characters public notice carving over , having reflected to author a book strenuously.4.Administration greater than individual rights protection. Benefit advocates the copyright showing the publisher who makes profit for some only about that the law that the book protects may be for an obligee's coming to explore legal protection , the ancient copyright protecting since not having molding's in the ancient times with individual local feudal official once in a while, scattered administration asylum union.The Part V Chinese copyright the ancient times protects the cause of formation not having developed become modern copyright legal system , is quite capable almost burning combining with what discipline learns , analyses:1.Commodity economy is underdeveloped. Ancient Chinese copyright protection does not develop , can say even knowledge property order never is developing (going a step further that the person protects entire civil private interests right legal system not developing , is than the commodity economy block of wood develops direct correlation's. Can say this last one kind "does not develop " main part and direct cause being that one kind "does not develop " in the front.2.Centralization of state power political system. Chinese centralization of state power in the ancient times political system, is expanding country's strength boundlessly (but being not to grant decision-making power to enterprises and allow them to keep more profits) to reinforce controlling to society. Under this authority operation logic, feudal official needs not if the United Kingdom imperial court takes advantage of the publisher who makes profit personally, is to work out the books publishing the decree controlling , putting the ruling publishing the dynasty controlling , prohibiting not good directly . Private right does not develop space.3.Culture clamps down on policy. Within Chinese feudalist society the ancient times , the more the economy having formed one develops , the form of government monopolizes right away increasingly , culture net flexure also if denseness of autumn bitter edible plant. Come coercion policy to say this culture to literature property right thought identical be one kind confines and stifles.4.China's tradition law culture value fetches. Effect embodies for being not proposing that people advocates that right demands actively , but weakening right demand of Lao Zi's inactivity philosophical thinking to law concept, But under the inactivity philosophical thinking effect, sometimes, people takes personal accomplishment seriously , emphasizes a pure heart and few desires, do not advocate defending and striving for individual right actively, people creates work being used to express emotion only , word aspiration, (the society political economy environment allows neither) does not produce the desire protecting the individual rights creating achievement's based,runs after a nothing to a important aspect among them, to dispute. This thought originates from the "gift" effect in tradition the Confucian School culture. The ethics "gift", criterion and way being both handling fundamental human relations criterion and way , being also a guiding ideology of legislation and judiciary and harmonizing human relations. Psychology, forms this law culture in having hindered author copyright thought's on certain degree.Sixth parts had been that the conclusion. The author think China there had existed certain degree copyright mental consciousness in demonstration in the ancient times, some spontaneous, individual behavior defending a copyright, but copyright system not forming system. The tradition law culture being behind the west ultimately not forming modern copyright system and our country has close connection. We ought to with acient warning now.
Keywords/Search Tags:Protection
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