| China’s Copyright Law has a simple description of the right of the protection of works,and there are no specific provisions on the identification of infringement.This directly leads to the infringement of this right,and the confusion and ambiguity in judicial practice,unable to form a unified scale of judgment.As the protection of copyright is paid more and more attention,the infringement of the protection of works appears in various cases,which shows that it is particularly important to clarify the judgment standard of its infringement and clarify the composition of its infringement.This paper analyzes the problems of the infringement of the integrity right of works from four aspects.The first part summarizes the protection of the integrity right of works,clarifies some concepts of the academic controversy,introduces the evolution,value and function of the integrity right of works,and lays a theoretical foundation for the infringement identification of the later article.The second part of the main problems existing in the judicial practice in our country,mainly from the perspective of justice and legislation,with a large number of cases,discusses the protection of works complete infringement standards is not unified,tort and damage liability is not clear three main problems,strive to thoroughly explore the judicial practice problems,such as confusion.The third part,from the perspective of comparative law,introduces the two main legislative concepts in the world regarding the protection of the right to integrity of works,makes an analysis about the judicial and legislative status respectively,and connects them with China,so as to find the fundamental method for reference to solve the problem of judicial practice of legislation in China.The fourth part,through induction and argument,proposes solutions for the three basic problems proposed in the second part of the paper.Using relative subjectivism as a general standard for judging tort and objectivism as a special standard.In the legislation,it is clear that infringement should not contain derogatory elements and need to accommodate improper use.Finally,it is suggested to delete the modification right from the legislation and apply the liability for damages to remedy the power,so as to truly solve the confusion of infringement judgment. |