The Construction Of The System Of The Right To Pursue In China

It can be said Chinese art market is "start empty-handed",but its development speed is very fast,in this new market background,the three "People's Republic of China copyright law" of China's National Copyright Bureau has released the revised draft all provisions of the droit system,the system into our law is represent the general trend.However,China is the introduction of droit system,scholars in People's Republic of China Public opinions are divergent.,"Copyright Law(Revised Draft)" article fourteenth for reference,first of all,from the basic theory of droit explained that droit system of legal justice,"very loss principle" and the "exhaustion of right through the legal basis,the legal attribute of the concept of art specialty royalty right to define and reflect the nature of the creditor's right,starting from the nature of legal issues,from the theoretical interpretation of droit system.Secondly,from the point of view of the dispute and response of the pursuit of the right of pursuit in the academic circle,there are some differences in the question of whether the system should be entered into the law.Supporters believe that the introduction of the right of renewal is justified,necessary and operable,which can greatly enhance the enthusiasm of artists and achieve real substantive justice.Opponents believe that the current market situation in China is not optimistic.Introducing the right of succession system hasnot only increased the transaction cost of artworks,but also led to the outflow of art market and the loss of auction business.From the great potential of the market share of China's art market,this paper argues that the system of the right of pursuit should be introduced.Finally,from the legal structure of our country droit system described here,based on the copyright law revision draft of theresale right success and defects on the right subject of right of pursuit for the author and heir,applicable objects including art and photography works original transactions for the public and other public auction transaction mode,extraction method is interest limits according to the proportion of extraction and analysis,and put forward the registration and management mechanism,to better achieve the positive effect of the system.