Research On The Legal Application Of The Dichotomy Principle Of Ideological Expression

The Idea/Expression Dichotomy was originally established in the United States in the 19 th century,which was recognized by the world law community as the public axiom in the field of copyright law.The purpose of the Idea/Expression Dichotomy is to limit the copyright object in a certain range.Due to its basic and extensive application in the field of copyright law,it is regarded as the most important basic principle of copyright law.Therefore the Ideal/Expression Dichotomy has been incorporated into national laws and related organizational agreements.As a cornerstone for handing copyright infringement cases,it has not been recognized in China's copyright law so far.The absence of the Idea/Expression Dichotomy is a defect in our country's legislation.Different from the lack of legal provision,it has been used in the judgment process of Chinese judges.this has created a good beginning for the establishment and development of the ideological Idea/Expression Dichotomy principle in our country.Therefore,the author thinks that we should establish the Idea/Expression Dichotomy in the “copyright” as soon as possible and refine the relevant legal provisions in clear function division and other similar principles to establish an effective method of distinguishing between ideas and expression.In this case,the Idea/Expression Dichotomy can be a clear guide to the judge's trial,so as to better protect the author's rights and stimulate the vitality of cultural innovation.The development of the Idea/Expression Dichotomy in foreign countries was developed earlier,so the mature method of distinguishing ideas and expressions was formed.Therefore,basing on the judicial practice of copyright in our country and screening the experience of other countries,it will greatly benefit the development of copyright in our country.