Research On Copyright Tort Imputation Principle

Copyright tort imputation principle is a proposition that has a long history,but, as the booming of network copyright and copyright of high-tech fields,the copyright tort behavior shows some new characteristics,the imputation principle problem becomes more sensible;In2008,the state council issued "the national intellectual property strategy",copyright tort imputation principle is to realize the outline the planning in the field of copyright "incentive creation, effective use, in accordance with the law protection, scientific management" of the necessary judicial protection of intellectual property strategy guidelines system framework of principles, has the extremely important practical research significance.This paper based on this research goal,the full text is divided into six chapters.The first chapter first embarks from the national policy of our country and realistic need, which leads to the thesis research at the center of the problem-- copyright tort imputation principle; And the research status of copyright tort imputation principle points on the two aspects of inland and abroad with expounds in general.The second chapter embarks from the personality right attribute of the copyright, analyses the relationship of copyright and tort liability, and makes a scientific analysis of the characteristics and classification of copyright infringement.The third chapter respectively analyzes the principle of fault liability and no-fault liability principle of the social value pursuit, both from the perspective of legal theory, legislation, judicial three.In the center of the fourth chapter for this article, mainly combined with the content of the former three chapters for the principle of fault liability and no-fault liability principle of social values fit, on this basis to copyright tort imputation principle system of original theory is put forward.The fifth chapter is comparative study, analysis and comparison of Britain, the United States, Germany and France four pros and cons of copyright tort imputation principle system,for our country the reform of the system of copyright tort imputation principle for reference.Sixth chapter is aim of the study, comprehensive content of the above,puts forward the building of China’s copyright tort imputation principle,from three aspects, the legal system legislative principle, legislative technology,legal system.