Analysis The Dichotomy Of Thought And Expression In The Copyright Law From The Case Of Qiongyao V.Yuzheng

December 18,2015,the final judgment of the case of Qiongyao v.Yuzheng was finally announced,the Beijing High People's Court sentenced that the plaintiff,Mrs Chen Zhe(pseudonym Qiongyao)won the lawsuit,the defendant,Mr Yu zheng(pen name Yu Zheng)lost.To this end,the case of Qiong Yao v.Yu Zheng which lasted more than a year finally ended,Qiongyao and the majority of Internet users have expressed support for the decision of the Beijing High People's Court.The dichotomy of thought and expression in the copyright law in this case has become the center of attention.The dichotomy of thought and expression in the copyright law means that the law protects the expression rather than the thought itself.Most of the countries in the world on this principle have the relevant legislation,however in our country,it clearly stipulated until the third of "copyright law" draft,and the provisions are more general,not detailed enough.so in the judicial practice,the control of the dichotomy of thought and expression which depends largely on the judge's subjective value judgment.This paper will study through three parts.The first part introduces the details of the case,and summarizes the focus of the case.The second part elaborates the basic theory of dichotomy of thought and expression and the relevant provisions of international and domestic laws about the dichotomy of thought and expression.Then focus on the legal analysis of the dispute in this case,including why copyright law does not protect thought,combining the case to understand the true meaning of the dichotomy of thought and expression,comparing and analyzing “The Plum Blossom Flipping ” and “Palace 3: The Lost Daughter” to explain the reasons for the defendant's infringement.The third part: the subsequent consideration of the case.First,the application of the dichotomy of thought and expression;Second,think of the loss of social public benefits caused by the defendant's cessation of infringement and adaptation of works;Third,think of the introduction of expert assistants in this case;Fourth,think of the current situation of copyright protection in China;Fifth,think of establishing the case law in China.