On The Legitimacy Of Copyright Restriction

In recent years, the limitation of the rights of the copyright problem more and more get the attention of the public. Investigate its reason, with the development of social and political economy, the protection of the rights has been strengthening the copyright owner, the social public use freedom is limited by a lot of work. In order to balance the interests of the individual and social public interests, it is necessary for the holder of the right to limit. The land in our country the constitution also think is very important in the public interest, should limit the holder of the right to abuse. In order to achieve the social and public interests, the constitution provides for freedom, justice, human rights and other aspects of public rights. In the present judicial practice, the public interests and personal rights and shows a tendency of a completely opposite, or, the holder of rights are violated, have no way to get the interests of the copyright owner of the guarantee; Or, the holder of the abuse of legal monopoly, to make the social public in work or engaging in other cultural undertakings by many obstacles, even hindered the development of China’s socialist cultural undertakings, made by the possibility of cultural diversity. According to our country "of the national intellectual property strategy compendium" instructions, to meet the requirements of the principles of the constitution, should let the public interests and personal interests to achieve a unity of opposites relationship, for the sake of public rights, should be to limit the rights of the copyright owner.In many involving the right to limit law, copyright law restrictions on the right show some contradictory attitude. On the one hand, in order to protect the interests of the copyright owner, in order to encourage the active creation of the copyright owner gives certain monopoly of the copyright owner is enriching the powerful weapon of the culture in China;,on the other hand, in order to comply with the constitution rules, follow the spirit of the constitution principle, take care of the public interest is granted, the freedom, equality, justice, under the guidance of the value of human rights law, under the influence of social principle disgraceful consideration, formulate rules restricting the rights of the copyright owner is necessary. The limitation of the rights of the copyright problem in our concern, we also urgently needs to solve.This paper consists of introduction, text and conclusion. Introduction mainly introduced the paper why choose this topic, background and the limitation of the rights of the copyright problem of the research situation for domestic and abroad. The text contains 4 chapters. The second chapter points out the problem of copyright restrictions in China, from the classic case, after the analysis of China’s copyright law to modify the draft for the third time to put forward the problem, expressing ideas and importance of the limitation of the rights of copyright. The third chapter introduces the theory of rights and power restriction theory. From the origin of right, lateral talked about the origin of the western power and the origin of right thought in our country, then, from the perspective of the theory of natural rights theory, introduced a number of famous western thinkers and philosophers of law rights point of view, involves the Plato the wisdom of the king thought, Grotius philosophy of natural law, etc. Again from the theory of natural transition to rights limit theory, from the perspective of social contract theory, the method of the value of the inner conflict of elements, the consistency of the rights and obligations, and the perspective of social interest balance, the perspective of utilitarianism and the theory of rights conflict right to limit the rationality and legitimacy of is expounded. The fourth chapter mainly discusses the system of copyright restrictions on the rights of the copyright owner the problem of protecting public interest justification. Rather than from the perspective of private law from the perspective of jurisprudence, also from the value of the method, individual and social interests, maintain the constitutional authority, such as Angle, analyzes the limitation of the rights of the copyright system. The body of the last chapter starting from the judicial practice, in the name of foreign related cases at the same time, draw on the advantages of the foreign system of copyright restrictions, the succession beneficial experience in legal practice. After a series of comparison and study, start our current problems that exist in the "copyright law" put forward useful Suggestions, and detailed instructions to do so.