On The "Substantive Similarity" Rule In Copyright Plagiarism And Its Application Perfection

Because of the current national vigorously development department,teaching,literature,Wei and other undertakings,improper use,duplication and even plagiarism phenomenon,in order to protect the legitimate rights and interests of creation,China is constantly perfecting the copyright law system through legislative means,but in the process of judicial practice,it has not formed a unified.This paper analyzes the application of substantive similarity" rule in the case,introduces the core of substantive similarity" rule,first analyzes the theoretical basis of substantive similar rule,analyzes the basic meaning,legal connotation and origin and history of"substantive similarity" rule,and analyzes the feasibility of the rule.Secondly,the application status of "substantive similar" rule is analyzed,from the domestic and domestic two angles,combined with the text class works,construction works,computer software product specific judgment method analysis.Finally,through the comprehensive comparison of the judgment mode,the problems in the process of judicial practice in China,targeted to improve the way,and strive to provide some reference ideas for the copyright infringement cognizance method.