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Legal Research Of Droit De Suite

Posted on:2018-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:C C LiuFull Text:PDF
GTID:2336330512984530Subject:Law
Abstract/Summary:PDF Full Text Request
At present,there are nearly 90 countries or regions to carry out the construction of the system of the right to pursue,in 2012 China's copyright law(Revised Draft)has also been added to the content of the right to pursue.This approach has attracted the attention of the literary and artistic circles and the legal profession.Starting from the basic theory of theresale right in this paper,research on various countries or regions of the droit of legislation,and from the perspective of the relationship between the legal right of pursuit of comparative analysis,based on the above research on the construction of our country puts forward droit system suggestion.This paper is divided into four parts:The first part is the introduction of the legal connotation of the right to pursue.In this part,first of all on the pursuit of the concept of the right to the theory of comparative analysis;and then discusses the legal nature of pursuit right,can be found through the analysis of the droit belongs to copyright should fully consider the characteristics of right of pursuit comprehensive rights.The second part is the introduction of the legislation of the right to pursue.Droit system in 1920 originated from France,this paper droit system of civil law countries or regions are introduced;then the droit system accepted by the international convention,common law countries or regions does not initially accept droit system,but in the continental law system of theresale right legislation has achieved good results in practice,and in the International Convention under the influence of common law countries and regions began to chase continued construction right.The third part is a comparative analysis of the system of the right to pursue from the perspective of the legal relationship of the right to pursue it.The third part mainly uses the method of comparative analysis,through a comprehensive analysis of the legal system of the right to pursue the relationship between the elements of the right to pursue a comprehensive comparison.The fourth part is the suggestion of the construction of the system of the right to pursue our country.In this part,firstly,droit system construction China's current art market environment and the legal environment of China is required as soon as possible theresale right legislation,through the feasibility analysis found that China's legal environment,market environment and the copyright collective management organization development has the right of pursuit in our country legislation condition.The nature of the right to pursue,the subject of the right to pursue,the object of the right to pursue and the content of the right to pursue.Based on the dual attribute of right right of pursuit analysis basic theory of droit can draw both the personal right of copyright and copyright property;based on the legislative practice of the international society of theresale right system of theresale right system characteristics can be summarized;from theresale right legal relationship of the constituent elements of the angle can be analyzed and summarized all right of pursuit mode construction of specific system;the pursuit of the realization of the right to build a perfect system.
Keywords/Search Tags:Copyright, Droit de suite, comparative study, legal relation, system construction
PDF Full Text Request
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