Perfection Of The Legislation Of The Right Of Integrity In China

The current copyright law of our country defines the right to protect the integrity of works as the right to protect works from distortion and mutilation.Apply this provision to judicial practice,many problems are occured.First,tort standards are disunity.Second,the judgment of tort is confused with the right of amendment.Third,the interpretations of the purpose of legislation are different.Disorder of judgement is rooted in legislative defects.The definition of tort in the current legal provisions is vague,which makes it impossible to determine the standard of tort.On the one hand,it can not be distinguished from the right of revision.On the other hand,it is unable to effectively connect with the rights of deductive.At the same time,compared with foreign law and international treaties,the scope of legal provisions in our country is narrow and lack of restrictive provisions.Therefore,in the third revision of copyright law,we must systematically improve the right of integrity of works.The design of rules should be based on the orientation of rights and the function of value.Throughout the personal rights in the works of various countries,there are two kinds of legislation,which focus on the protection of spiritual interests,and which focus on the protection of property interests.According to the analysis of the relevant provisions of our country,the moral right of the copyright protect both personal and property interests,and it should be a kind of right independent of the right of personality and the right of identity under the personal right of our country.The right of integrity of work is subordinate to the moral right of the work,and it It also protect property interests to a certain extent.The value function of rights should be to protect the integrity of expression and the consistency of thought and expression.Specific legislative design should based on the value of rights.First of all,the connotation of rights should be amended.On the one hand,the boundary of rights should be amended,the right of revision should be absorbed and the boundary of rights should be expanded.On the other hand,we should choose the standard of tort.Among the standards,the revised subjectivism standard is most in line with the positioning of the right and should be adopted.Therefore,legislation should be amended on the basis that itis sufficient to cause public misunderstanding.Secondly,we can use this standard to distinguish and analyze the tort behaviour.The revised tort behaviour should include not only changes to the expression of the work,but also other improper use.Finally,rights should be restricted to a certain extent based on the principle of balance of interests.Drawing lessons from the provisions of foreign laws,the system of reasonable use should be applied to the right of integrity of works.Considering the nature of the work,the purpose of use and other factors,the necessary changes should be included in the reasonable use scope.In addition,the authorized transfer of deductive rights shall be deemed to be the consent of the author to make the necessary changes to his work,therefore,the standard of tort should be raised enough to cause substantial misunderstanding among the public.