On The Administrative Law Protection Of Neighboring Rights And Regulation

Neighboring rights, as an emerging discipline in our country is not long, but due to the continuous development of the intellectual property rights, what plays an important role is obvious. In the process of protection for neighboring rights, the understanding of neighboring rights is not enough, so a lot of problems and situations are on the inevitable emergence, the protection of neighboring rights facing a severe test. Neighboring rights, in the field of intellectual property in China, is seen as an interest closely linked to copyright. the generation of neighboring rights in copyright is the basis to produce a derived rights. Therefore, from this perspective, if protection of neighboring rights in the intellectual property system lack, the perfection of copyright is also out of the question.From the need for copyright protection, protecting neighboring rights is also necessary. As we all know, with the continued progress and development of modern science and technology, there is now the infringement of the cultural market more and more infringement species is endless and infringement means. The development and progress of science and technology use modern high-end tools, so that people can enjoy anytime, anywhere the novel scientific and literary works. Inherent work of the creators has been processed and adaptive by works communicators, to make it appear in a completely new form of art in front of the public at large. Neighboring rights are often protected the legitimate rights and interests of publishers, performers, and audio and video recordings, radio and television, the organizers from infringement of a right, it is a derived on the basis of the copyright dependent rights. Works communicators in the process of dissemination of works, works created by the original copyright holder for processing and adaptation, In view of this, the law should protect them.Of course, the protection of neighboring rights also confirm works communicators pay creative intellectual labor, because the creators of works in progress to a literary and artistic creation. When this work are presented to the public before the works communicators on the basis of its original creation out of work, its music and processing to make it to a whole new face and inject new artistic soul so that the general public to accept the text is divided into a total of five parts:The first part is the introduction. This section outlines the administrative law protection of neighboring rights, a more profound understanding of the administrative law status in the field of intellectual property confirmation neighboring rights in the system development process, and its value. Due to the rapid socio-economic development, the protection of literary and artistic works belonging to neighboring rights gradually increasing, so the much-needed laws and regulations related to the rights of people to be bound and to stop the infringement be. Of neighboring rights in our country is not a long time, works communicators and the general public understanding of neighboring rights is still not very deep, for infringement of neighboring rights in dealing with practical to fully consider the actual situation.The second part is the overview of the neighboring right. This part is from the concept of neighboring rights as the starting point. That the system of neighboring rights should also take measures necessary to complete, at this stage of China’s copyright law although the neighboring right of protection means of practical significance, but adjacent to the right to protection category to a certain extent still has limitations. For the subject of the neighboring right, the scope of protection is only limited to the protection of the publication, performance, recording and broadcasting organization’s right. Separately from the neighboring right concept and the characteristic, adjacent to the right types, neighboring right and copyright, neighboring rights protection of civil law and the restriction of several aspects, this part of the writing significance mainly covers the legal protection of copyright content and related for the purposes of the analysis.The third part is the administrative law protection of neighboring right. First, this part develops from the administrative law protection of civil rights, to the present our country copyright administrative law protection present situation and the neighboring rights protection object for research and analysis. This part introduces the administrative intervention, the right people in violation of the legitimate rights and interests of the state, you can get relief and protection to the greatest extent through active and effective solution.The fourth part is the analysis of the neighboring right of administrative law. In the first part, from the analysis of the regulation of administrative law of civil rights and obtains, analyzes the legal basis. The civil rights abuse of civil rights or the illegal exercise of civil rights, harm the social order and public interests as the starting point for the administrative subject, through the exercise of administrative powers of regulation of civil subject exercise of civil rights. From the perspective of the actual situation in line with the current cultural market of our country, through establishing and improving relevant laws and regulations, can effectively curb the acts of infringement. At the same time also fundamentally mobilized the creator to create enthusiasm more outstanding literary and artistic works. It can really protect the rights of the legitimate rights and interests are not infringed, and the existing problems are analyzed, the neighboring right system is not very complete, protection and regulation of administrative law necessary for the needs of administrative law. What regulation measures of clear laws and regulations to prevent the rights for people of abuse of Rights Act, the competent administrative department of copyright initiative to remedy by public force is necessary and effective, in view of this, the administrative protection of neighboring right. On the other hand, if the neighboring rights abuse their rights, to achieve the same effect of copyright legislation, in addition to apply the provisions of the copyright law of the restrictions, the regulation of administrative law also should play its role.In our country, the existing system of neighboring rights, as in the practice of administrative law protection plays a crucial role. Improve the relevant legislation and adapt established legal mechanisms to protect neighboring rights, thereby strengthening the supervision of the administrative enforcement of the neighboring rights, to take this opportunity to give full play to the advantages of administrative law with the protection of neighboring rights. Administrative law to participate in the cultural market with a powerful means of protection to the maximum extent possible rationalization of protection for the majority of rights holders, while those tort given severe to stop, and avoid the rights of the legitimate rights and interests against infringement. Through administrative means of protection to enrich the order of the socialist market economy, promote the cultural market to be in good health and to develop and run. From the maintenance of the public interests of the society as a whole, the role of administrative law on the protection of neighboring rights ensure orderly operation of the cultural market, and to ensure the legitimate rights and interests of the majority of rights holders are not infringed, and also to ensure that the entire social life reaches a kind of equilibrium.The fifth part is the conclusion. Conclude the paper, and stress the significance of the writing of this article.