Research On The Expansion Of The Object Of Neighboring Right

The issue of the expansion of the object of the neighboring right has always been concerned by the academic community.The current neighboring right system should take the object as the core,and then return to the current problem of the neighboring right from the perspective of the object.What the object identifies can also solve the problem of the current content of the neighboring right is unreasonable.To further improve the neighboring right system architecture.Based on the theory of division of labor and the theory of balance of interests,this paper looks at the communication industry from the development of division of labor on economy,analyzes the improvement and development of the theory and practice of neighboring rights,studies the relative weights of various factors through the theory of balance of interests,and establishes a reasonable boundary for the rights and interests of the object to be expanded.In order to maximize the benefits under the condition of balanced and stable interests,the interest balance mechanism is established by shifting the perspective of protection from “subject” to“object”.At the same time,the analysis of the status quo of legislation can infer the logic of the expansion of the object of neighboring rights,and reveal the shortcomings of the current lack of types of objects of neighboring rights.The lack of types leads to a negative impact on the indigenous authoritarian system,too few types of objects also limit the construction of the system of neighboring rights,and the small number of types of objects of neighboring rights also leads to deviations in the application of law.At present,the object of neighboring right has no systematic and complete object provisions.Without the general provisions of the definition of the concept,it will lead to the definition method of the object of neighboring rights will be carried out with the ’ subject ’ as the core,so it will bring the chaos of the object system.The absence of open clauses will not be conducive to the comprehensive protection of the investment interests contained in the object of neighboring rights.Breaking through the limitations of the current neighboring right system,the standard of identifying the object of neighboring right is based on the new expression attribute of non-originality and non-originality,the non-creative input and the interest attribute of specific industries.Breaking through the limitations of the current neighboring right system,the criteria for identifying the object of neighboring right are the originality of the work that does not meet the standard,the new expression attribute of the object of neighboring right,the non-creative investment,and the attribute of specific industrial interests.Then to the unreached works standard database,news publications,AI productions as the object of argument,and on this basis to its rights,restrictions,analysis of its regulation object,to further solve the conflict.At the same time,the establishment of a complete system of the object of neighboring rights related provisions.Defining the general provisions of the object of neighboring right can solve the problems brought by the ’ subject ’as the core of the neighboring right system.The establishment of the open clause of the object of neighboring right will break the framework of the theory of ’ communicator of works ’ of neighboring right and formally establish the value orientation of the protection of investment interests in the object of neighboring right.