Legal Analysis On Duplicate Submission

It has been less than ten years since Copyright Law of the People's Republic of China and the rules promulgated and implemented. It has been playing an active role in protecting the fruits of mental labor and promoting intellectual creation. However, in recent years, the duplicate submission phenomenon which had not vanished despite repeated prohibitions in last years has been a common place in academic world while it has been trigger a strong controversy among writers, readers and publishing house. All of these promote us to think about the regulation on duplicate submission in Copyright Law. Duplicate submission not only has a relationship to the rights of publishing house but also to the protection and maximization of writers' legal rights.In the new age of "knowledge-based economy" and information explosion, a deep study on this matter is very essential to improve legislation and standardized academic behavior.The work takes the perspective of Copyright Law and Contracts Law, and chooses some typical cases. We find the legal problems concealing in these cases, have an analysis on reasons, quality of law, legislative imperfection and finally offer some solutions through analyzing the cases.We believe the definition and division of duplicate submission should be the first step to solve this problem objectively and reasonably. On the basis of analyzing in a traditional way, defining the quality of law about guidelines for authors, contribution, accepting works from the view of Contracts Law is useful to clearing the rights and obligations between writers and publication houses. Meanwhile, the legislative imperfections in the 32nd item in Copyright Law and the 23rd item in the rules cause the copyright empty and make writers more inferior. Therefore the problem should be solved from the following three aspects:law, the work of publishing house and the construction of academic moral. In the first, balance the interests between writers and publishing houses through improving legislation and adopting contracts. Secondly, publishing houses should improve their work efficiency as well as increase exchanges and contract with writers, especially learn the advanced international experiences. The last but not the least, reforming the academic system and set up academic supervision branches will be an internal power to the solution of this problem.