Research On The Issue On Intellectual Property In Access To The Civil Code

The proportion of the provisions of the intellectual property in nowadays design of China Civil Code is insufficient.No matter theoretically or practically,the Civil Code tradition of China denies the intellectual property.It is due to the great influence of the paradigm of Civil Code’s dichotomy structure of Jus Rerem-Obligation.This concept of property of the paradigm of Civil Code is a reflection of its social reality,however it cannot respond to nowadays China economic development.The paradigm of Civil Code’s dichotomy structure of Jus Rerem-Obligation is unsuitable for modern society,since the domination of Res and the domination of intangible property are both the way human domination the object.The undistributed of dichotomy structure of Jus Rerem-Obligation is asking for a refresh of concept of property.The structure of Res in our country’s Civil Law imply a structure of the system of Domination Right.With the help of霍菲尔德’s theory of right analytical method,it is possible that studying the micro-structure of Right in Res and the Intellectual Property Right.And after comparing these micro-structures,the similar between Right in Res and the Intellectual Property Right can be found.It illustrate that the Right in Res and the Intellectual Property Right have the same logic.Hence it is possible that arrange a Intellectual Property Chapter right after the Res Chapter in the Civil Code.