Rules On The Infringement Of The Right Of Integrity

There are still many controversies such as the standards of infringement of the right of integrity in China's theoretical circles,and so do the different judgments in the similar cases.Therefore,researching the right of integrity from the perspective of infringement judgment rules does not only have the theoretical significance of reflection on different doctrines,but also contributes to the practical significance of summing up the practical experience.In addition to the introduction and conclusion,the text is divided into three chapters.The first chapter examines the judicial practice of infringement judgments of the right of integrity.The first section explains the source of the sample cases and explains the overall situation of the sample data.In second section takes the right of revision,the right of integrity and the right of adaption as variables,and analysis the plaintiff's claims as typed;under the two categories of mechanical alterations and deductive alterations of the work,the infringements can be divided into eight specific types.The third section points out the referee results of the sample cases,and summarizes the idea of the referee,on the basis of that,clarifies the existing problems.As a negative right,the analysis of the infringement practice is a necessary step to study the protection of the right integrity.The second chapter rethinks the infringement behaviors of the right of integrity and puts forward complete suggestions.There are conflicts between the distortion and mutilation in the interpretation of law.Whether the distortion and mutilation are infringement behaviors or infringement consequences,and whether the distortion and the mutilation are two types of infringement behaviors or the same type of infringement behavior are not clear.At the same time,the boundaries of modification and mutilation are blurred.Listing two types of infringement behaviors closely violates the fact that the infringing act is not exhaustive,and it is inconsistent with the legislative practice in typical countries.The essence of Infringement is to destroy the integrity of the work.Destroying the integrity of the work's expression symbols is the characterization,and destroying the identity of ideas and expressions is the core.Using semiotic analysis,infringement behaviors can be divided into three types: the first one is to destroy the symbolic signifier and symbolic referents(sign),the second one is not to destroy the signifier but to destroy the sign,and the third one is to destory the signifiers and the signs completely.The third chapter discusses the infringement judgment standards and exceptions.Strict subjective criteria does not distinguish detailed modifications and substantive changes,thus it will unduly extend the scope of the rights of integrity and impede the normal use of the work.Objective standards holds that infringement behaviors must be detrimental to the author's reputation,which deviates from the value of moral rights.It is necessary to establish "the original intention standard of the work",and interpret the meaning of the work from the expression sign,so that we can define the violation of the original intention of the work as infringement.At the same time,attentions should be paid to the exceptions to the infringement,which can be considered as reasonable restrictions on rights.Necessary changes do not constitute infringement is the basic principle of exceptions to infringement by law and are in line with the principle of balance of interests.The following three elements are needed to determine whether the change is necessary or not: in accordance with the purpose of the behavior,the appropriate means of the behavior,and the adaption is needed basing on the nature and characteristics of the work.The types of necessary changes can be divided into two parts: the first one is giving priority to the public interest rather than the integrity of the work,and the second one is balancing the different interests in the specific case and appropriately deduct the right of integrity within the limits of necessary changes.