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Relationship And Coordination Between Freedom Of Expression And Copyright In China

Posted on:2013-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:C LiuFull Text:PDF
GTID:2246330377451609Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the rapid development of modern science and technology inChina, there is increasingly higher connection between freedom ofexpression and copyright, which are two concepts in constitution andcivil law, respectively. In Constitution of the People’s Republic ofChina,"freedom of expression" is defined as a basic human right andendowed with supreme status, but in real life, copyright, a form ofproperty right, has frequently conflicted and corroded freedom ofexpression, the basic human right and constitutional right.This paper will find out how to correctly understand therelationship between freedom of expression and copyright, and how toappropriately solve their conflicts. At present, there has been littleresearch on these two issues, so the author conducts tentative analysisand expects to induce others to come forward with valuablecontributions. With the basic theories of freedom of expression andcopyright, the author defines their concepts and attributes, analyzes their values, and explains their limitations. Then based on China’s lawsand by setting up behavior patterns, the author carries outcorrespondence analysis on the behaviors of freedom of expressionand copyright, classifies their relationships into compatibility andconflict, and subdivides their relationships according to differentcauses. Finally, based on the idea of values, author presents somecoordinative rules for the conflicts between freedom of expression andcopyright. Believing in the correct concept and the coordinative rules,the express environment will turn into smooth and understand. Andthis is not only the way to realize the freedom of the expression, butalso the return of the copyright value.
Keywords/Search Tags:freedom of expression, copyright, relation, coordination
PDF Full Text Request
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