Research On The Legal System Of Droit De Suite

Chinese art market becomes vibrant with booming market economy, which attracts large capital investment into the art market. To protect participation rights of the subjects in the cultural market, especially creators of art works should have the right, and right of pursuit gradually reflects its prominent effect. Right of pursuit means creators of art works share in the profits from the resale after the first sale.Originated in France, although the right system has been established in many countries of the world, there is a public controversy nowadays over the issue of the legitimacy, content, property, exercise way, the way of profit drawing, the term of protection, etc.. In the "Copyright Law(Amendment Bill)," our country identified the establishment of right of pursuit for the first time, but no further details were standardized, which generated discussion whether the system should be introduced to our country, and how to build it.In this article, specific content areas and object types within the structure of right of pursuit in world-wide study theories, examples of legislation currently are discussed. On the basis of the theoretical framework, the legitimacy and necessity of its establishment is discussed according to basic theory of jurisprudence, the value of labor theory, actual development of market economy. Content and features of right of pursuit systems in various countries are compared and analyzed to seek to our specific establishment of right of pursuit system based on three levels, including the subjects protected by the system, object scope, obligation body, comprehensive property, the proportion and way of profit drawing. Moreover, the management which ensures the implementation of the right is established to highlight advantages of primary condition and collective management organizations for the management of right of pursuit.