Research On The Legal Identification Of Plagiarism

Accordance with the provisions of the Copyright Law, plagiarizing others’work is infringement to copyright. In China, there is no provision of how to indentify plagiarism in the law. Legally, there is no clear plagiarism identified standards and scholars have different views in academia, in China’s judicial practice a unified standard of plagiarism identifying has not been formed at present. Some of the courts has found in plagiarism identifying presenting a high level of professionalism, but generally speaking, the absence of clear identification criteria, identification methods and-responsible-party, many-problem come-across while,identifying plagiarism. In this paper, the writer combined the basic principle of copyright law with the United States and China’s judicial practice and offer recommendations of improving plagiarism identifying standard of tentatively.The first part of this paper explains the meaning of plagiarism and introduced the definition of plagiarism in copyright law. In accordance with the provisions of the law, the characteristics of plagiarism included the specific object, publicity, double tort and subjective fault. The distinction between plagiarism and other copyright infringement has been introduced. Through comparing threshold of originality and idea/expression dichotomy in each country, the writer tried To exp]pre-the legal basis of plagiarismidentifi cation standard.The second part introduces and compares USA judicial practice in the appl ication of plagiarism identification standard, through the typical case shows "Contact and Substantial Similarity", "the Abstraction Test", "Abstraction-filtrati on-comparison" and "the Ordinary Observer test".In the third part through the typical case introducing of the use of the judicial practice of our country’s plagiarism identification standard has been presented and summarized the problems in plagiarism identifying which existing in our country.Chinese court has no legal guidelines for unity while facing plagiarism dispute cases, judges have great discretion, they can choose the applicable standard of plagiarism identification. Who to identifying plagiarism is still not clear, it is difficult to guarantee the authority of the results.The fourth part raises recommendations to improving plagiarism identification standard. Combined with the principle of balance of interests, plagiarism identification requires balancing the interests of both sides. The public domain of copyright law should be excluded. The judge should use different standards when distinguish the idea and the expression of different types of work. To indentify plagiarism’s existence needs three steps:contact-similarity-no reasonable reference.