Abolishment Of Publication Right

In civil law countries that advocate natural rights,especially France and Germany,the right of publication is protected as the primary right in copyright.It is believed that only the author's right to make public decisions is the precondition and key to the realization of copyright property rights.Our country also follows this concept.But so far,no consensus has been reached on the entire right-to-publishment system.From the initial dispute over the nature of the right to publish to the exercise of the exercise of the right to publish,the dispute has evolved into a dispute over the right to publish.The clarification of the basic theory of the right of publication system is conducive to distinguishing the relationship between the right of publication and other copyright rights,and fundamentally exploring the feasibility of abolishing the right to publish,making the copyright legislation in China more scientific and systematic.The first part,as the basic theory of the whole study,systematically reviews the evolution of the forms of publication in different eras and the process of establishing the concept of publication to the right of publication.It is considered that the right of publication is the right to decide whether to publish or not,not the right to choose.At the same time,the right to publish includes the positive and negative powers,ie,the exercise of right of publication as an act of inaction and inaction.The second part raises questions about the personal attributes of the right to publish.This section begins with the legal system of copyright in France and Germany,and publishes the attribute disputes published from a macro perspective.Second,from the perspective of the nature of moral rights,it proves that the right to publish lacks moral rights and interests;finally,It considers that public interests have many restrictions on publishing rights.To make the right to publish the right contrary to the characteristics of the moral rights,to the detriment of the public interest,is not conducive to the dissemination of works.The third part focuses on the difficulty of infringement of the right to publish and difficulty of relief.It is believed that in the actual exercise and remedy of the right to publish,there is a case where the rights are overridden and there is no connection with the law.There is a logical contradiction between the relevant laws,and there is a lack of limitation of the power of the right to publish.It is pointed out that the relief of publishing rights is actually the relief of property rights,not the relief of the publishing rights itself,and it can only remedy the violations that have already occurred,and there is no guarantee for the “immediate damage” that has not yet occurred.The fourth part argues through previous chapters and argues that the right to publish should be abolished formally,and that the abolition of the right of publication does not detract from the author's rights;it does not violate the purpose of copyright;it helps improve the effectiveness of copyright law,clarify the law,and improve the legislation of copyright law.Technology;Finally,the repeal of the right of publication does not violate international conventions.