Study On The Judicial Application Of Substantive Contact Rules

The substantive contact rule is an important rule widely applicable in handling copyright infringement disputes,originating from judicial practice in the United States.Its theoretical basis is the dichotomy of thought expression and the originality rule of works.Although this rule has not been explicitly legislated,it has been widely recognized in China’s long-term judicial practice and is generally applicable to the trial of copyright infringement cases.There are few theoretical achievements in the academic community regarding the study of this rule,Scholars mainly focus on one of these issues and lack a systematic review of substantive contact rules;,There are also many problems in the judicial application of this rule,and the phenomenon of different judgments in the same case is very common.The core of hearing copyright infringement disputes lies in how to determine substantive contact rules.Against the backdrop of varying interpretations of substantive contact rules in the academic community,this article intends to start from the legal origin of the rule,determine the basic meaning of the rule from the perspective of theoretical basis and legal essence,analyze the concept of similarity,and further define the basic concept of the rule.Then,starting from domestic judicial practice,analyze the current situation of the application of substantive contact rules in China’s judicial practice,and point out the problems that exist in the application,such as the widespread lack of unified case judgment standards in the application of substantive contact rules;Issues such as non-standard allocation of evidential status and burden of proof.The last chapter of this article proposes practical and feasible solutions to the above issues,including establishing a unified standard for the application of substantive contact rules;Clarify procedural issues related to the burden of proof for substantive contact rules.This article aims to analyze the current judicial situation of the application of substantive contact rules in China,find a more appropriate and reasonable path,and provide some reference for judicial practice.It is hoped that this topic can trigger discussions on such issues in the academic community,continuously promote the imperfect development of substantive contact rules,and properly solve copyright infringement disputes.