Study On The Confliction And Coordination Of The Moral Rights Of Copyright And Personal Rights Of Civil Law

In the background of the based on the rights and the best interests of theknowledge-based economy of today market economy，It’s undoubtedly that theintellectual property rights and personal rights is the hottest topic. It contains moralrights and economic rights of copyright in the intellectual property rights，and moralrights is the foundation of copyright. So the issues related to the moral rights ofcopyright and personal rights of civil law is the hottest and hardest question,especially the confliction of the moral rights of copyright and personal rights of civillaw. After analysis of this paper, we can infer although the confliction of the moralrights of copyright and personal rights of civil law is very complex, most issues canbe solved by the existing legal on the foundation of analysis of specific right andconfliction, only need to analysis every issue. I hope the coordination path in thisthesis is helpful to solving the issues in the practice.Through historical、semantic、comparative and case analysis to the confliction ofthe moral rights of copyright and personal rights of civil law, the author can infer thecoordination paths. The thesis includes four chapters. In chapter one, the theoreticalsurvey of the moral rights of copyright and personal rights of civil law, whichcontains concept、developing and nature, which is the foundation of this thesis. Inchapter two, explain the relationship between moral rights of copyright and personalrights of civil law, after the comparative Study of this chapter, it can infer there aresimilar and difference between the moral rights of copyright and personal rights ofcivil law. To clarify the relationship is the premise to solve the confliction of themoral rights of copyright and personal rights of civil law. In chapter three, the authoranalysis the reason and manifestations of the confliction of the moral rights ofcopyright and personal rights of civil law, which can infer the confliction of the moralrights of copyright and personal rights of civil law is very complex in practice. In chapter four, on the foundation of analysis of foreign coordination paths to theconfliction of the moral rights of copyright and personal rights of civil law, the authorpropose coordination paths to the confliction of the moral rights of copyright andpersonal rights of civil law for china and propose how to improve relative legislationabout the moral rights of copyright and personal rights of civil law.