Rational Consideration On The Improvement Of Copyright’s Statutory Compensation In China

As an independent and special legal system in copyright law, statutory compensation plays an important role all the time.It helps the judges to determine the compensation of infringement damages in copyright. But as its defects, the judges have different understandings on it, so it creates new problems such as overusing the statutory compensation system, we get quit different adjudications on a similar problem, etc. Though we have discussed it a lot, both on theory and practice, the result is still unsatisfying. So the author wants to solve the problem fundamentally and give her ideas on improving the statutory compensation system.The article is divided into four parts. The first part, the author discussed the specific problems on the statutory compensation system both on legislation and judicature, it includes the application order is different, the burden of proof has been relieved, the measure of application is not uniformed. The second part of the main stresses is the theoretical study on statutory compensation system, including its generate background, values and the problems of it.This part the author gives reason of why there’re so many problems in the judicial practice. The third part is about the studies on the application of the system, it’s about the order of the application, the principle of the application, the measure of the application and the factors which should be considered by the judges, as the same time,the author compared the copyright law of foreign countries, this will help us to learn from their experiences. The last part, the author gives her suggestions on how to improve the statutory compensation system in different ways. As the draft revision of the Copyright Law is has established the punitive damages, the author also analysis the insufficient in the system, and proposed how to improve it.