The Construction Of The Resale Royalty Right System In China

The system of resale royalty right originated in France.It is a right as a combination of both moral rights and economic rights.Essentially,it refers to the benefit-sharing rights of the original work of creation in subsequent resale.Resale royalty right system is constructed by considering the inherent value of law fairness and justice idea,resale royalty right object attributes on the art market,in order to balance the interests and ultimately promote the development and prosperity of the art market.As a comprehensive right,resale royalty right has a complex nature,which has aroused widespread controversy in the academic community.In addition,about our country should introduce and how to introduce the resale royalty right also unable to agree on which is right.Therefore,it is necessary to make a satisfactory answer to these questions.The development history of resale royalty right system by backtracking,attempts to clarify the resale royalty right system of the sequence of events,have a more complete understanding of the resale royalty right,and resale royalty right system of the major countries in the world based on the comparative method of comparative analysis.The theory part in the resale royalty right of resale royalty right,through the explanation of basic theory,in response to the current phenomenon of the resale royalty right nature,object range dispute that is essentially a resale royalty right kind of comprehensive right.In this paper,the actual situation of our country is to support the introduction of resale rights,this article from a number of aspects of the answer,in order to demonstrate the necessity and feasibility of establishing the system of resale royalty.At the end of this paper,I has made some ideas from the choice of the legislative mode of subject and object,scope,the exercise of the right way,the term of protection and resale royalty right resale royalty right limitations and puts forward some corresponding suggestions for reference to construction our country's resale royalty right system.