On The Construction Of The Renewal Right System In Our Country

The system of Resale Right,since its establishment in France in the 1920s,has gone through nearly a hundred years and has been controversial during this period.However,this has not prevented it from expanding its "family members".So far,more than 80 countries have established the Resale Right.With the sweeping wave of globalization of art trade,in order to protect the legitimate rights and interests of Chinese art creators and to balance the interest distribution between art creators and art dealers,the system of Resale Right was first introduced into the revised draft of China's Copyright Law in March 2012.Although the draft only stipulates the principles of the system of Resale Right in theory,this move shows not only China's determination to introduce the system of Resale Right,but it has become a general trend for China to pursue the Resale Right.Although China's academic community had researched and discussed on the system of the Resale Right as early as the 1990s,the introduction of the system of Resale Right has caused great repercussions and extensive discussions in various sectors of society.The focuses of the controversy mainly on the following three points:First,the definition of the legal nature of the Resale Right.Second,the necessary and feasibility in bringing in the system of Resale Right.Third,how to concretely establish the system of Resale Right in our country.This article employs the third revision of the“Copyright Law" as an entry point,and adopts the literature research method,comparative research method,speculative method,and experience summarization method to clarify the legal nature of the system of Resale Right.Besides,it explores the necessity and feasibility of the system in our country,and compares the systems of the Resale Right from different countries,and ultimately integrates the experience of foreign legislation with China's actual national conditions to put forward own opinions on China's concrete construction of the right.The main body of this article is divided into four parts:The first part is an overview of the system of Resale Right.This part briefly introduces the concept and characteristics of the system of Resale Right,and mainly analyzes its four legal attributes theory in the academia.This will pave the way for the choice of the right attributes in the subsequent construction of the system.The second part is the extraterritorial analysis of the system of Resale Right.This section mainly introduces the Berne Convention and the EU Directive,comparing and analyzing the specific construction rules of the system of Resale Right by using two major legal systems as the representatives,France and the United Kingdom,which provide reference experience.The third part,based on China's actual national conditions,mainly analyzes the necessity and feasibility of setting up the system of Resale Right in China.The fourth part is the concrete construction of the system of Resale Right in our country.This part firstly analyzes the selection of legislative model and right attribute of China's system of Resale Right,and then puts forward specific suggestions on concrete construction rules and related supporting measures.The concluding part systematically reviews the full text,and clearly shows author 's favorable attitude towards the establishment of the system of Resale Right in China,and firmly believes that the establishment of the system of Resale Right in China is just around the corner.