On The Legal Construction Of The System Of Right Of Recovery In China

When the original artwork is resold,the purchaser pays more than the original artwork was resold,and the creator of the artwork shares the right to recover the difference.The establishment of renewal rights aims at balancing the interests of relevant subjects in the art market and safeguarding the immediate interests of art creators.France was the first to set up the system of recourse in 1920,and now more than 80 countries have carried out relevant legislation on the system of recourse.In 2012,the national copyright administration published the revised draft of the copyright law of the People's Republic of China,which introduced the system of renewal rights for the first time.In the process of writing,comparative analysis,literature analysis and other research methods are adopted to explore in detail the rights of pursuit system of four representative countries,analyze the advantages and disadvantages of the implementation of the rights of pursuit system,and finally put forward relevant Suggestions for the construction of China's rights of pursuit system.The paper is divided into five parts: the first part is an introduction,which briefly describes the research background,research significance and domestic and foreign research status,research ideas,research methods,innovation points and deficiencies of the right to pursue succession.The second part is the overview of the right to pursue and renew,introduce the definition,development,nature and characteristics of the right to pursue and renew.The third part is a comparative study between international organizations and countries outside the region.It briefly examines the Berne convention and the eu directive on the right to the right to the right,and introduces the legal provisions and legislative process of the right to the right to the right system in four representative countries: France,Germany,the United States and the United Kingdom.The fourth part,combined with the actual situation of our country,explains the necessity and feasibility of the establishment of the right of pursuance in our country.In the fifth part,some Suggestions are put forward toprovide new ideas for constructing our country's succession rights...