The Right Of Pursuit System Construction

Along with the continuous development of socialist market economy and the persistent improvement of cultural industry,the trade of art works has produced a lot of resale profits.The unique position of interest distribution among artists attracted more and more attention.When the art works are resaled,and it will increase owner sales,the authors of original works of art have the right of getting a percentage of that increase,also known as royalty.Because of protecting the right of art creators,the right of pursue has been recognized by many countries.However,the discussion and analysis of the reasonableness of the system of the right of pursue never stop.The legitimacy basis of the right to pursue is the purpose to encourage artists to create works,further more to boom the Chinese art market.Although the national administration issued the “copyright law of the People’s Republic of China copyright law”(modified draft),clearly established the right of pursuit in the draft,but the comparative study on the right of pursuit of developed countries still have great significance.Therefore,this dissertation focuses on the issues related to legislation of the right of pursue,for building a right of pursue with Chinese characteristics,suited to china’s national conditions.This paper is divided into four parts to discuss the right of pursuit.First of all,this paper systematically sorts out the knowledge system of the right of pursuit.Analyze from three aspects,they are concept,legal characteristics,and significance.In order to improve the knowledge network framework of the system of the right to pursue.Part two on the basis of clear up the system,I’ll build on the foundation I have established to analyze from the theoretical basis and institutional basis of right of pursuit,to discuss the legitimacy of the establishment.The third part enumerates the legislative practice in foreign countries,we need to keep learning about foreign institutions,and think deeply the establishment of the system of the right to pursue in our country.The forth part talks about how to construct the system of the right of pursuit inChina.First,I make a simple(review)about the right of pursuit in copyright draft amendment.Then how do we construct the system of the right to pursue and put forward our own ideas.