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The Study On The Right Of Integrity

Posted on:2010-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:M XiaFull Text:PDF
GTID:2166360275460704Subject:Law
Abstract/Summary:PDF Full Text Request
The right of integrity, that is, the right to protect one's work against distortion and mutilation. As one of the most important personality rights, the right of integrity has always been the focus of the argument in academic world. The cases about integrity right dispute take a large proportion in the all kinds of copyright cases in recent years. because of the vagueness of the legal provisions and the diversity in the standard of judgment, many different explanations of the law exist in the judicial practice. There are many controversial points between the judges and the scholars on the specific judgment standard about the infringement of integrity right.This text tries to give a hand to the judicatory practice by making analysis on the case of the Wang Wenhai sue Sui Jianguo and puts forward some suggestions on the legal rules of integrity right. The article is divided into four parts: The first part is the cause of action and brief introduction of the case, The second part is the broad focus of the dispute. Part three is the differences and views. Part IV is the conclusion of the study.Mainly there are three controversy focuses in the case of the Wang Wenhai sue Sui Jianguo: does the alteration to the work title infringe the right of integrity; the judgment criteria of the integrity right infringement; the distinction between the right of integrity and the right of alternation. Among them, the first point belongs to a familiar problem of this kind of case usually between both parties' dispute. the other two controversial points take inquiry into verdict method. In the type's case, due to the particularity of the work title, it can be protected by the right of integrity or not is a problem need to discuss. The infringement of integrity right might act in different ways, so it is necessary to discuss how to set up a special standard to judge the infringement of integrity right. The difficulty to discriminate the right of integrity and the right of alternation result in the misuse of law in the verdict. so it is necessary to make clear the differences between the two rights.By the analytical argument to three above problems, the writer thinks the alternation to the title of original creation is the infringement of integrity right. As to the judgment criteria of the integrity right infringement, the writer puts forward a comparatively overall standard. At the meantime, the writer clarifies the differences between the right of integrity and the right of alternation and puts forward some suggestions which can prefect the legal system of integrity right on the root of the foundation of the former thing.
Keywords/Search Tags:The right of integrity, The title, The right of alternation
PDF Full Text Request
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