Research On Plagiarism

In the current laws of our country,there are two provisions of plagiarism in the general principles of the civil law and the copyright law.Although plagiarism is used,the provisions of plagiarism in the two laws are different,for example,plagiarism is a violation of copyright in the forty-sixth articles of the copyright law and plagiarism is plagiarized in the general code of the civil law.The act of infringing intellectual property rights involves a wide range of subjects,including copyright,patent,trademark,invention,discovery and other rights of citizens and legal persons.Besides,other administrative regulations,departmental rules and local regulations and regulations also prohibit plagiarism in education,technology and culture.Although there are plagiarism expressions in all kinds of laws and regulations,there is no formal legislative interpretation or judicial interpretation of plagiarism.In recent years,with the continuous development of the economy and society,plagiarism has aroused widespread concern in both academic and judicial circles.The focus of almost all concerns lies in the unclarity of the concept of plagiarism,and the uncertainty and disunity of the steps and methods of identification of plagiarism in judicial practice.Starting with the earliest origin of plagiarism,this paper gradually combs the change of the concept of plagiarism and the real meaning in the law.By comparing plagiarism with other related or similar legal concepts,the inherent rationale of plagiarism is discussed and the methods and steps of plagiarism in judicial practice at all levels of China's courts are followed by the analysis of the inherent principle of plagiarism.Based on the investigation and analysis,combined with the development experience of foreign advanced countries and regions,we can see how to establish a perfect identification system of plagiarism.It provides a theoretical reference for Chinese legislators and judiciary in judicial practice in order to realize the continuous progress and perfection of plagiarism in China's copyright law.This article is divided into six parts,the first part of the paper is a summary,introduces the background and significance of the topic,and then briefly introduces the basic situation of the literature review,and finally introduces the research methods of this paper.The second part summarizes and analyzes the origin,concept,characteristics and the difference from other related similar concepts from the literary theory,and concludes that in the process of the plagiarism forming and developing in different cultural soils between China and the west,it has the characteristics of the germination of the thought of the author's rights and interests.With the continuous development and improvement of ideology and legal system,the concept of plagiarism in copyright law has developed and developed rapidly in western countries and China.The third part of the thesis discusses the basic principles of plagiarism cognizance from the basic theory.The fourth part of the thesis analyzes the identification criteria of plagiarism in the United States and the criteria of plagiarism in China at this stage.The fifth part of the thesis analyzes the limitations of China's plagiarism cognizance in judicial practice.Finally,the sixthpart of the paper puts forward suggestions on how to improve the identification system of plagiarism in China.