The Unbalance Of The Copyright Fair Use And Rectification Thereof In China

National copyright laws are clear to encourage literature, artistic and scientific works, promote the dissemination of knowledge and promote cultural inheritance provisions for the purpose of legislation. In order to achieve the purpose of legislation, copyright law on the one hand the proprietary rights recognized in the form of works creation and dissemination of works of the interests of the people, the creation and dissemination of incentive work; on the other hand, reasonable restriction on the proprietary rights, guarantee the public works on the contact and use, in order to promote the development of the social culture and science. With the application of the fair use system was born. Copyright law through the dynamic balance of the fair use system of copyright system to maintain the pattern of interests in.Copyright law on the protection of the rights of the copyright owner, but copyright law does not specifically for the protection of the interests of the copyright owner and decide, it also promote the development of science, culture and art progress and prosperity, and promote, encourage outstanding scientific and cultural and artistic works continue to emerge, spread, making the whole society and improve cultural level with the copyright holder of the high grade of spiritual products. Copyright was originally is the embodiment of the principle of protecting the interests of traditional copyright "individual standard", and then gradually spread to seek the interests and social interests of balance. In this process, the copyright fair use system emerge as the times require, its fundamental purpose is to balance the copyright owner and the user of interest among the. Fair use system is founded to coordinate the conflict of interests between the original author and the second author. To provide necessary conditions for the creation and power at the same time, also to ensure that the user can work fully rational use, thereby promoting social prosperity of creation and the progress of culture, the relation between these three reached a balance. At present, China’s copyright law to pass the fair use system and international practice there are some differences, protection of the right of copyright owners still exist many problems. This paper analyses and comparison, the development direction of value, the fair use system, the suggestions to improve the fair use system in China put forward.This paper is divided into five parts the first part explains the meaning of the interests, on the basis of understanding the concept of interest balance of interests of the meaning, which is found in the pattern of interests and the system of benefits under the system of relatively peaceful coexistence, relative equilibrium, discusses the theoretical basis of constructing the interest balance mechanism on the basis of the second part of the article has made the upholstery.The second part discusses the theoretical basis of constructing the benefits balanced mechanism based on the. Respectively from the human rights, incentive theory, the definition of property rights is a prerequisite for market transactions, the intellectual property rights system arrangement rationality analysis of benefit equilibrium mechanism of.The third part discusses the interests of copyright fair use system of equilibrium. The fair use system, is a legal in certain conditions, allowing others to use the works protected by the copyright law without the permission of the copyright owner of the situation, and do not have a system to pay the. Fair use system is the main limitation of the copyright is the balance of interests, the spirit contained in copyright law and based on. Copyright is a private right nature, dual attributes but the objects of copyright knowledge products are public goods and private goods, it is not only related to the copyright owner’s personal interests, but also related to the social and public interests.The fourth part of the fair use of copyright system in a comparative study. Fair use is a legal system generally adopted by modern copyright law, countries in the practice of copyright fair use system of rules. But in the rational use of the rational use of the rational use of the scope of fair use, the term, the situation, the judgment standard, reasonable use conditions and other specific provisions are not the same, combined with China’s copyright law in the specific provisions of twelve kinds of rational use of way, leads to below put forward countermeasures to solve the problem, the part.The fifth part is the key and essence, belongs to the proposed some countermeasures to solve the problem, the part. In view of the current shortage of fair use of copyright law in China, from the point of view of legislation mode and concrete suggestions angle, legislative model proposed rules and factors in combination, and the analysis and improvement on the specific problem.