Research On The Legal Identification Of Plagiarism

Plagiarizing the intellectual achievements of others was accused and criticised by people since ancient times. Plagiarism has been explicitly listed as a type of copyright infringement in China's "Copyright Law". However, its contents and identified standards has not been provided for. In our judicial practice, recognized standard for plagiarism is unknown, many courts identify plagiarism in different ways, resulting confusions in the decisions of plagiarism cases. This is not conducive to protect the legitimate interests of copyright holders, but also undermine the judicial authority. Plagiarism referred to in this dissertation is in the meaning of copyright law. The dissertation tried to argue the legitimacy of regulation of plagiarism in perspective of the basic theory such as legal philosophy. And deconstruct the basic principles of copyright law to lay a solid foundation for identifying plagiarism. Then through the empirical study and comparative analysis on the recognized standards and methods of plagiarism established in U.S. and China's judicial practice, in order to provide useful suggestions to improve our system of identification of plagiarism.This paper is divided into three parts, including introduction, body and conclusion. The body is divided into five chapters.Chapterâ… examines the origin of the word "plagiarism", and then clarify the boundaries of the meaning of plagiarism in academic norms, the provisions of other laws in our country and Copyright Law.On this basis, defined "plagiarism" in this paper as a sort of copyright infringement, and then analyzes the composition characteristics of plagiarism and the distinction between plagiarism and related concepts. Chapterâ…¡inspect legitimacy and rationality of regulation of plagiarism from three dimensions, including the philosophy of law, law and economics and equilibrium theory of intellectual property law, concluding that regulation of plagiarism is necessary, but should take a reasonable limit. Chapterâ…¢deconstruct the two core principles of copyright law:original principles and dichotomy of thought and expression,which is also the basic principle for identification of plagiarism. Chapterâ…£research the identified standards of plagiarism. First of all,analysis "substantial similarity" standard and its judging methods established in the case law of the United States. And then summarizes academic point of views on this issue. Lastly study the standards for plagiarism used in China's current judicial practice. Chapterâ…¤summarize problems of identification of plagiarism in China's judicial practice and suggest that balancing the interests of authors and public should be established as a basic principle for the construction of plagiarism identified mechanisms in China.