Exploration And Analysis Of Evolution Of The Chinese Legal System Of Copyright In The Past Forty Years Of Reform And Opening Up

To explore the law of evolution of China's copyright law over 40 years of reform and opening-up,this paper divides the evolution period of China's copyright legal system over four years into four periods –recovery,reconstruction,development,and improvement – according to the division criteria based on China's economy,technology,policy,diplomacy and the evolution of the Copyright Law.Through exploring the evolution,characteristics and reasons of the copyright legal system in each period,it can be seen that as citizens develop awareness of copyright protection and the economy gradually develops during the recovery period,the copyright legal system shows the one-sided characteristics such as the chief manifestations of departmental regulations,the main content of remuneration criteria and few categories of works under protection.Thanks to the stepped-up China-US exchanges and the conclusion of relevant agreements as well as the assistance by relevant international organizations and experts during the reconstruction period,the copyright legal system has both international and Chinese characteristics,showing the evolution characteristics such as the establishment of new copyright legal system,harmonization with the international copyright legal system and compliance with the reality inChina.Due to the requirements of WTO rules,the developing Internet technology,and the requirements of the national intellectual property strategy transformation during the development period,the copyright legal system had significantly improved protection,and its evolution is characterized by the international standards for protection,more attention paid to law enforcement and judicial guarantees in relevant cases,removal of double standards on copyright protection and so on.Owing to the goal of intellectual property rights strategy beyond the development period and the requirements for improving the socialist market economic system during the improvement period,China takes the initiative to make comprehensive improvement in the copyright legal system,and its evolution is characterized by the shift from passive amendment to active amendment,and greater administrative remedy for the infringed party.Through exploration and analysis of the process,characteristics and reasons of evolution of the Chinese legal system of copyright in the past forty years,we can see that in order to improve the copyright law system in China in the future we must unswervingly follow the path of socialist rule of law with Chinese characteristics,and not only conform to the international standards,but also conform to the national conditions of China,then the article draws relevant evolution experience and lessons,speculates and forecasts future development of the legal system of copyright so as to know that China will take a standpoint of seekingwin-win cooperation and actively participating in construction in the future to strive for right of speech in the existing legislative mechanism and build new legislative mechanism and Our country can take based on the increasingly comprehensive national strength and gradually increasing international influence.And the opportunity to make the Beijing Treaty of audio-visual performance and the "one belt one road" is taken as an opportunity in order to enable China to become a rule maker of international copyright laws and make greater contributions to good development of international community.