Research On Administrative Mediation System Of Copyright Disputes

In recent years,the number of copyright works in China has grown rapidly,copyright disputes have also increased,and when people's rights have been violated,they often seek judicial assistance,which has led to excessive copyright dispute cases flowing into court through litigation channels,leading to shortage of judicial resources.At this point,administrative disputes over copyright disputes,as a way to resolve copyright disputes,should have a useful complementary effect.However,in most parts of China,the copyright administrative department still handles copyright disputes relatively simply and rudely,often only taking administrative punishment measures or handing over cases to the judiciary,failing to resolve disputes,and failing to play the role in copyright disputes.This paper intends to analyze the shortcomings of administrative mediation of copyright disputes from the perspective of copyright protection.Based on the practice of administrative mediation of copyright disputes in China,this paper draws on the advanced experience of administrative mediation of extraterritorial copyright disputes and proposes to improve the administrative mediation system of copyright disputes in China.It is recommended to achieve better protection of copyright and promote the flourishing of the copyright industry.This paper is divided into five parts: The first part begins with the background and significance of the topic,introduces the research situation at home and abroad,as well as the research ideas and writing methods,innovation points and deficiencies.The second part expounds the basic concept,nature and principle of administrative mediation of copyright disputes,and distinguishes the administrative mediation of copyright disputes from other copyright disputes relief methods,clarifies the basic theory of administrative mediation of copyright disputes,and at the same time from the copyright itself and external Reasons to analyze the necessity of administrative mediation.The third part expounds the administrative mediation system and related practices of copyright disputes outside the territory and mainland China,in order to provide reference for the development and practice of the administrative mediation theory of copyright disputes in China.The fourth part analyzes the main body,operational procedures,judicialconfirmation system and the connection with other copyright dispute resolution methods in the current administrative disputes of copyright disputes in China,and clarifies the shortcomings of its existence.The fifth part,combined with the status of administrative mediation of copyright disputes in China,proposes perfection of copyright disputes from the aspects of establishing diversified administrative mediation bodies,improving administrative mediation procedures,establishing judicial confirmation systems,and strengthening the docking with other copyright dispute resolution methods.The proposal of the mediation system promotes the improvement of the administrative mediation legislation of copyright disputes,so as to give full play to the mediation function of the copyright administrative department and optimize the protection path of administrative mediation of copyright disputes.