Probe Into The System Of Droit De Suite

Droit de suite is an very important and very special rights in the Copyright Law.Since Francefirst created it in1920,there have been dozens of countries including Germany,Italy in theworldwide had a legislation related to the system of droit de suite.And has been showing aninternational development trends.In recent years,with the establishment of the reform and opening up and the socialist marketeconomic system,the creation of works of art in our country is growing prosperity,the art markethas also been a rapid development in the last century.The entry into force of the Copyright Lawand joined the Protection of Literary and Artistic Works Berne Convention and the UniversalCopyright Convention in1992.But on the system of droit de suite has been in a state ofvacancies.The first draft of the draft revision of the Copyright Law of the People’s Republic ofChina National Copyright Administration announced through the official website of the NationalCopyright Administration and the General Administration of Press and Publication in March21,2012.There has an important modification of the economic rights is introduced the concept of“droit de suite”for the first time.National Copyright Administration has published a second draftunder the premise extensively solicit opinions from all sides in July6,and also made a furtherprovisions for droit de suite.Although there have been two revisions on the copyright,there alsohave a lot of space that can be explored on the specific legislative level to the system of droit desuite in china.According to the above situations,this article has lots of analytical methods includingcomparative analysis,case studies,jurisprudence and sociology of law.There have been a specificresearchon the system of droit de suite,and then put forward the author’s point of view,then makesome legislative proposals on the specific provisions of the droit de suite in the draft of China ’sCopyright Law.The article is divided into three parts.The first part of this article elaborate the aspect of the content of the concept of droit desuite,the nature and basic principles as part of an overview of the topics.The second part discusses the basis of realistic and reasonable,theory of rational basis and thebasis of comparative law on the system of droit de suite.And then clarify the value of the system ofdroit de suite from the perspective of the principle of exhaustion of rights value. The third part is on the construction of China ’s system of droit de suite.As a key part of thisarticle,First from the background to explore the significance,necessity and feasibility ofestablishing the system from the macro to be sure.Next discourse the legislative framework of thesystem of droit de suite discuss from the basic legislative mode’s choice,then determine thedefinition of the droit de suite,the nature and the application.Finally,according to the above to putforward some legislative proposals on establishing the system.