Research On Resale Right System

The resale right derives form France in the1920s, is the right of artists share a percentage interest from its art resale, for balancing the artists and art investors serious imbalance of interests.In October2012, the national copyright administration published the "copyright law of the People’s Republic of China" to modify the draft third draft, And in December when it is submitted to the law office of State Council.The draft article12is considered to be the regulation about the right of droit, it indicates resale right system will be introduced into our country. Since the birth of the system, the discussion of its rationality has not ceased. Fairness and justice value of law, The rule of laesio enormis, the particularity of the original works of art and so on, prove the rationality of Right of droit. Before the introduction of it in our country, we first need to conside its necessity and feasibility of implementation. Art marketand the auction industry’s rapid development provides the realistic foundation for introducing it in our country, the copyright law and related law provides legal support for seting it up in our country; the successful of experienceforeign legislation and implementation provides a feasible reference for of creating it. At present specific provisions about the right of droit is not the same in the law of nations. When the specific design droit right system in our country, we should focus on the purpose of the right. When prescribed the scope of its subject, object and contents should reference the experience of foreign legislation and implementation, also should give full consideration to the excellent cultural tradition and the present situation of the art market.