Research On The Establishment Of The Resale Right’s Legislation In China

The legislation of the resale right is significant to improve and perfect the Copyright Law.The balance of interest is the core of the resale right and the value of the resale right legislation.As the same,the balance of interest is the basic spirit in modern copyright legislation. It had appeared Roman Law. It had been a rule, procedure of the system to measure the judicial interest in ancient China, the purpose of it was that within its authority to balance the conflict.The interests of the parties concerned to reach optimal state reasonable based on the coexistence and compatibility of the.Because of it,the resale right is good at balancing the interest between the artist and the art dealer.This is an opportunity for the artist,the art dealer and art market with the resale right.And it is a great meaningful for studying the resale right. There are four parts in my article.Firstly, summarizing the whole text, expounding the reason and significance of the topic, analysising of China’s domestic academic circles to chase the continued prevalence study of legislative power, and the existing foreign right of the resale right theoretical research system. Finally,the research on the method and thought of the resale right legislation of mine.Secondly,discussing the basic research on the theory of resale right. First of all, to describe the connotation of the resale right so that to get the nature of the resale right;at last, to brief introduce the value of the resale right; this lead to get reward property of the resale right. And the value of the balance is the thought of the resale right legislation,according to it,we find the necessity of establishing the resale right.Thirdly,according to the second part, introducing the necessity of the resale right. First analysis the necessity, then analyzing our country realistic environment of domestic art market.Basising on the environment,pushing off the necessity of establishing the resale right legislation.Fourthly,Learning from foreign successful experience of legislation of the resale right to the prospect of China’s resale right of legislation.Last,based of all, put forward legislative construction of the resale right, put forward the principle of the resale right legislation, especially,elaborating the subject and the object of the resale right and the scope of protection, interest into mechanism, management mechanism,at last show up the resale right how to appear,how to change,how to disappear.