Reasearch On The Right Of Integrity

The right of integrity is an important moral right,most countries in the world as well as the Berne Convention for the Protection of Literary and Artistic Works(hereinafter “Berne Convention”)protect this right.Compared with the provisions of other countries,the stipulations in PRC Copyright Law is too simple to solve the disputes about the right both in academic field and in practice.Therefore,to improve the legal provisions about this right,it is of great necessity to analyze the right of integrity thoroughly.This paper aims to improve the legal provisions of the right of integrity and promote its theoretical research in China through the research on relevant theory,the comparison with the legal rules and practice of other countries,and especially the research on judicial judgements about the infringement of the right during 2012-2016 of China.This thesis consists of preface,main body and conclusion.The main body can be divided into three chapters and the main contents of each chapter are as follows:Chapter I is the research on the basic theories of the right of integrity,which includes the analysis of the concept,the origin,the development,the validity,and the nature of the right.The concept part introduces the basic definition of the right in the PRC Copyright Law,and identifies the ambiguity of this definition.The origin and development part is about its birth in civil law countries,establishment in Berne Convention for the Protection of Literary and Artistic Work and passive acceptance in common law countries.The justification part analyzes from the perspective of Hegel's personality theory,incentive theory and the cost-benefit theory on economics.The nature part discusses the right should belong to the personality right in civil law.Chapter II is the empirical analysis on the right of integrity,which conducts a research on the judicial judgements relevant to infringement of the right of integrity during 2012-2016 on Pkulaw Database.Through the arrangement,classification and analysis of these judgments,this chapter finds the judicial opinions on its relationship between the right of alteration,the legal person as subject of the right,the transfer of the right and the standard of infringement judgment and the limitation on the right.These questions will be analyzed as well as resolved and some opinions will be employed as the incidents in chapter III.Chapter III is an attempt to come up with concrete suggestions to the promotion of the right of integrity provisions in PRC Copyright Law through comprehensive analysis,which includes the discussion on: the relationship with the right of alteration,the reasonability of the legal person as subject of the right,the unreasonableness of the transfer,inherit and the wavier of the right,the standard of infringement judgment and the limitation on the right.Based on this analysis,the thesis provides some concrete amending suggestions to the PRC Copyright law and the PRC Regulation on the Implementation of the Copyright Law,including to remove the right of alteration completely,clarify that the legal person can be regarded as the subject of the right and clarify that the right cannot be transferred,inherited and waivered,clarify the standard of infringement judgment and the way of bearing the liability of remedies and add the limitation provisions of the right.