China's Copyright Legislation Improving The Rational Use Of The System

Fair use is under the conditions prescribed by law, without the consent of holders of the copyright and without payment of remuneration, based on the legitimate purpose of copyright works with others to enjoying the legal behavior. Fair use of the copyright system is "balanced spirit" of the product, to balance between the creators of works, the works of communicators, the author's work, interests of users and the public interest.Fair use is in adherence to the "balance of interests principle" based on the reasonable property rights of copyright holders. In the field of copyright law, there is conflict between copyright holders, communicators, users in the exercise of rights. In order to balance the interests between the three, to achieve the maximization of the interests of all, There is a system of fair use of the law.The countries of the world are struggling to find the legal profession a well-established fair use criterion in order to better guide the practice, safeguard social fairness and justice. Especially with the economic development and social progress, the emergence of new technologies, rational use of the system to form a big impact and challenges, how to make rational use of criteria to adjust and improve, directly related to the reasonable use of the system can effectively run.China's current copyright law for fair use of specific types of made a "list" type of requirement, the scope of fair use will be limited to within twelve cases. This "list" type of model legislation strictly limited by law, the scope is too rigid, with the development of social practice, and gradually exposed a lot of drawbacks. As the existing system of copyright fair use is no longer fit the development of social practice, we should re-examine the copyright fair use, added to determine the reasonableness of the terms in principle with the applicable rules, proposed to be China's "Copyright Law" provisions on fair use to "list-type" and "general" type and use the legislative model for the judicial practice to provide more flexible and relatively accurate theoretical rules. In this paper, the rational use of the system from the production, development and other issues to explain the rational use of the qualitative behavior, from the philosophy of law, legal interest point of view of fair use and other behavior. Then pointed out that China's current system of rational use of the drawbacks, reference to foreign legislation and relevant provisions of international treaties to improve the rational use of our system.Specifically, this article will be divided into five parts:The first part outlines the rational use of the system, reviewed the concept of fair use, range, the rational use of the behavior of objects. Summarizes the overall fair use.The second part outlines the fair use of copyright history and theoretical analysis. From a historical perspective on copyright fair use analysis of the sources, and the existence of theoretical significance. That fair use of copyright law for the benefit, jurisprudence, philosophy of law analysis. Fair use copyright law is fairness, equality and justice of the essence of value, not only to protect the legitimate rights and interests of copyright holders, but also to protect the interests of users and all other public interests of society. Rational use of the system is the inevitable result of the conflict of interest selection.The third part is our system of copyright law, fair use analysis of the legislative status quo, the way to cite the relevant cases shows that China "Copyright Law" the inadequacy of this provision. And our choice "list-type" model legislation to provide for fair use of the state.The fourth part is the foreign legislation and international treaties on copyright fair use provisions. Rational use of modern copyright law countries generally adopted a legal system, in practice, national copyright laws provide that the reasonable use of the system, but in the style and the specific provisions of the legislation but has a significantly different pattern. The comparative study of some countries and by the relevant provisions of international treaties, to identify similarities and differences between them, and analysis. Legislative experience from other countries, to improve our system of fair use copyright law. The fifth part is the rational use of our copyright system, refine the proposed legislative model. From the use of copyright subject, object, and object level to be analyzed and summarized for the rational use of China's national conditions of the copyright system, the legislative model. And China's current "Copyright Law" Article 22 on the list-style fair use provision of the proposed changes.Conclusion section summarizes the economic development of China, cultural prosperity of the fair use of the new legislative model, the "summary style" and "list-type" and use the legislative model, and the model legislation to bring the whole community and the public significance.