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Research On Online Dispute Resolution Of Digital Copyright

Posted on:2020-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhuFull Text:PDF
GTID:2416330590463466Subject:Law
Abstract/Summary:PDF Full Text Request
In order to alleviate the increasing judicial pressure from a boosting number of digital copyright disputes and promote the judicial efficiency,online dispute resolution mechanism(ODR)has been practiced in the legal system of many developed countries based on the recent features of digital copyright conflicts.Nowadays,the use of digital copyright is becoming more and more common in China,but there are many common problems such as small amount,cross-region,difficulty in relief and so on.The implementation of ODR mechanism has achieved considerable progresses as China's Internet + social governance develops,but it is still urgent to extend its field to digital copyright dispute resolution.This paper demonstrates the operation process and practice of online settlement of digital copyright disputes in view of thorough investigation and careful theoretical analysis.Meanwhile,it points out the difference between online strategy and traditional ways,as well as its unique characteristics.However,considering the potential legal problems and the practical challenges,the ODR system still suffers obstacles in real applications,such as unclear tort subject,possibly unidentified infringement action,poor connection between online adjudication and judicial enforcement and insufficient judgement execution.Therefore,we further talk about the future trends of the online system on the basis of the current studies.The key requirement of online system is to properly handle the increasing digital copyright conflicts and take the pressure off judicial office,where online strategy offers a flexible resolution for digital copyright dispute.Herein,we list the particularity of digital copyright conflicts and define the subject identification procedure as well as the identification criteria of infringement actions.Here we pay special attention to enhance the credibility of ODR system and make a detailed discussion on online judicial convergence and the improvement of enforcement mechanism.Different solutions are put forward from various perspectives in order to provide a better legal protection for online copyright,including strengthened online scene platform,increased legal recognition,the establishment of block chain depository system with court participation,definite legitimacy of ODR procedures and clear ODR processing standards.
Keywords/Search Tags:Digital Copyright, Disputes, Online Dispute Resolution
PDF Full Text Request
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