Research On Resale Right System

With the prosperity of the art market, resale royalty right is created for the balances benifit between the artists and art dealer. Now, it has more than80countries recognized and implemented. The draft amendment of Copyright Law in China2012brought the right into system. Then the academic discussion about resale royalty right warming up, presented many value theory and practical significance of research results.In recent years, China’s economy by leaps and bounds, people’s spiritual and cultural life demand constantly rising. In the development of art market, the public is keen to art collection and investment. At the same time, the artist’s market main body consciousness awakening, gradually realized the role from dependence to independence transformation, and have a higher request for their own copyright protection. The changes of these reality make the resale royalty right necessary. The existence of resale royalty right has its rationality and practical significance. This paper tries to make a thorough analysis on resale royalty right, combined with foreign legislation, and based on our country realistic foundation. The author will put forward humble opinion for the construction of resale royalty right system in our country.This article is divided into four parts research the right.The first part mainly discusses the basic theory of resale royalty right. From the perspective of the definition of resale royalty right system, and through the analysis of property rights, human rights, comprehensive rights said different theories to the right of qualitative. Then enumerate the unique legal characteristics of resale royalty right, and from the aspects of subject, object, content clear the specific content of right legal relationship.The second part specific to the structure of resale royalty right system problems. From value judgment, theoretical foundation, object, this three big aspects to analyze the resale royalty right. In the aspect of macroscopic, interests in equity, fairness and justice is the value goal and orientation of resale royalty right; In the aspect of microscopic, resale royalty right is coodinated with the exhaustion of right,the rule of laesioenormis. At the same time, droit de Suite is the theoretical basis of resale royalty right.The third part comparatively typical countries as reference, to discuss their legislation and implementation.From local to overall, comparing the differences of resale royalty right between continental law system and common law system, and the reasons behind. thus to provide important reference to establish our own resale royalty right system.The fourth part is the idea of resale royalty right in our country. On a realistic scale, the author analyzed the necessity and feasibility of building the resale royalty right system. Second, objectively analyzes the obstacles exist at present.In the real level, analyzes the necessity and feasibility of building droit right system. Second, objectively analyzes the obstacles exist at present. Finally, from the choice of legislation mode and style, the right way, the corresponding system matching to the rights and obligations subject aspects, suggestions are given.