Research On The Rules Of Recognition Of Tort Of Right To Protect The Integrity Of Works In China

In China's "Copyright Law",the right to protect the integrity of a work is only stipulated as the right to protect the work from distortion and tampering.It can be seen from this that China's "Copyright Law" does not clearly and specifically stipulate the relevant content of the infringement of the right to protect the integrity of the work,which makes the infringement of this right in China's judicial practice confused.The situation did not form a clear rule of recognition.With the advancement of economy and science and technology,people pay more and more attention to the protection of copyright.There are more and more cases of protecting the integrity of works.It is particularly important to identify the infringement of the right to protect the integrity of works.In our country,even experts and scholars have different opinions on the interpretation of the concept of protecting the integrity of works.According to different countries' views on the nature of copyright,countries around the world are divided into two groups: the author believes that the work is an extension of the author's personality,the copyright is regarded as the author's right to the natural rights of the work,and the copyright is regarded as the property of the nature.Copyright system countries.Due to the different emphasis on the nature of copyright,these two types of countries have different standards for the infringement judgment of the right to protect the integrity of works.The rights system countries adopt author rightsism.The recognition and protection of authors' rights is the core of legislation,and the author's rights are placed in the first place.Therefore,“the author's thoughts are violated” as the infringement judgment standard.The copyright system countries adopt copyrightism to protect the rights of authors,printers and other subjects to print and publish books,and to “damage the author's reputation” as the infringement judgment standard.However,the legal provisions of our country are too simple for the content of the rights,which makes the infringement of the rights in the judicial practice confusing,and it is difficult to form a unified standard.At the same time,China's copyright law does not clearly define the meaning of "distorting and tampering" in protecting the integrity of works,resulting in no unified infringement in judicial practice.Criteria for identification.There is also controversy about the relationship between the right to protect the integrity of the work and the right to modify it,which also adversely affects the infringement of the right to protect the integrity of the work.The current theoretical community's understanding of the relationship between the two is divided into three groups,namely: think that they are the same point of view of two aspects of a right;think that it is necessary to distinguish the two from the strict distinction;and that the right to modify and the civil law The retraction rights of the department are similar,and the reconstruction of the modification right needs to be reconciled.In the current "Copyright Law(Revised Draft)",China has included the right to amend the right to protect the integrity of the work.This is the trend of the relationship between the two in China's legislation.Based on the unclear study on the rules for the infringement of the integrity of protected works in China,based on the relevant legislative provisions outside the field,and based on the actual situation in China,we can see that we want to clarify the infringement of the right to protect the integrity of our works.To determine the rules,we must first correctly understand the meaning of "distorting and tampering",and clarify what is the way of distortion and falsification,and what is the manifestation of distortion and tampering.In the end,we conclude that even the optimization of the work is a form of distortion and tampering.Even if we do not make any modifications to the work,it is just a misuse of the work,which is also a distortion and tampering.Through the analysis of the legislative spirit and the practical operability,it is concluded that China should apply the “infringement of the author's thought” as the infringement judgment standard.The “damage of the author's reputation” should not be regarded as the infringement element,and at the same time,in order to promote the development of cultural society,it should not Strict subjective standards apply.In the definition of the relationship between the right to modify and the right to protect the integrity of the work,because of the deficiencies in the provisions of the right to modify,it can be removed from the copyright law of China.