The Study Of Compensation System Of Moral Damage Of Copyright Infringement

Compensation system of moral damage of copyright infringement has its special value,which is an effective means to comfort spiritual pain of the infringed and valued and respected by people.However,our country's legislation and relevant judicial interpretation didn't make a clear regulation on compensation system of moral damage of copyright infringement,which resulted in difficulty of unification of the judicial application.Thus it is worth doing further research on this problem.This dissertation mainly adopts the method of empirical research to analyze the basic theory and judicial practice of compensation system of moral damage of copyright infringement on the principle of tort and copyright law,with the purpose of promoting the research of compensation system of moral damage of copyright infringement.This dissertation is divided into three parts:The first chapter is the theoretical analysis of compensation system of moral damage of copyright infringement.This chapter starts with the spirit,the spirit damage and the current situation of our country's legislation,and introduces the value,the legitimacy and the rationality of the compensation system of moral damage of copyright infringement.The value of the compensation system of moral damage of copyright infringement is mainly embodied in its function.This dissertation mainly discusses its three functions,namely,prevention function,compensation function and penalty function.And its legitimacy and rationality are embodied in two aspects respectively.The former reflected in compensation of moral damage of copyright infringement belonging to the spiritual damage compensation,and it can effectively compensate for the infringer's mental suffering;the latter is embodied in the spirit of compensation system of moral damage of copyright infringement is in accord with the principle of comprehensive compensation of civil law,and its own special functions.The second chapter is the empirical analysis of the compensation system of moral damage of copyright infringement.This chapter mainly introduces two cases and analyzes the constitutive requirements,the scope of application and the determination of the amount.The third chapter is the countermeasure of perfecting compensation system of moral damage of copyright infringement of our country.This chapter combines the above analysis to put forward relevant legislative and judicial suggestions.In legislation,this dissertation proposes to determine the amount of compensation of moral right of copyright infringement,including the limits and quantification model,and gives proposed recommendation to the clause set.In the judicial practice,it's recommended to establish identification system of compensation of moral damage of copyright infringement,and tries to limit the discretion of the judge.In the conclusion,the article holds that the establishment of compensation system of moral damage of copyright infringement is conducive to the protection of the moral right of copyright owners,and to encourage the creation.Although China has some legal provisions,the terms of provisions still need to be improved.In the judicial aspect,the discretion of the judge should be restricted to ensure the consistency of the results of the trial.Only fulfill the further study of the compensation system of moral damage of copyright infringement,can we further strengthen the protection of personal rights and promote the spread of culture.