Research On The System Of Occupational Work In China

The creators are employed by legal persons or other organizations,and the works created to complete the work tasks of legal persons or other organizations are called“job works” by the copyright law of China,and the foreign copyright laws often refer to such works as “employed works”.Due to the different copyright concepts,different legal systems have different regulations on the allocation and attribution of rights to work.The copyright law of civil law countries focuses on the protection of human rights and tends to protect the rights of authors in the allocation and attribution of powers in job titles.The copyright laws of common law countries are based on the protection of economic interests.In the allocation and attribution of their rights,the rights of investors are protected.China is a civil law country,and the Copyright Law naturally inherits the legislative tradition of the civil law system.However,the rights allocation and attribution of the work of the work not only inherits the legislative tradition of the civil law system,but also absorbs the employment system of the Anglo-American law system,which causes the definition of the job work to be unclear,and the title work and the other works belong to each other.To explore this issue,the paper is divided into the following four sections:The first chapter of this article will introduce the basic theory of Chinese work.Firstly,the definition of job works is discussed.Secondly,the analysis of job titles and related concepts is discussed.The purpose is to clarify the definition of job titles and understand the relationship between job works,legal person works and the concept of commissioned works.The second chapter of the thesis will first introduce the historical evolution of the work system of the job,explore the historical logic and background behind the work system of the work;secondly introduce the theoretical basis of the work assignment to the power allocation;finally introduce the basic principle that the work of the job should be adhered to,namely the creation The principle of rights protection,the principle of balance of interests,and the principle of reservation in the public domain.It is hoped that by excavating the theoretical basis of the establishment of the system of job works,the value orientation that the copyright law should adhere to is expounded.The third chapter of this paper will analyze the problems existing in China's job titles in detail.Through the comparative analysis of relevant typical cases and laws,the specific problems of China's job-related works include unclear definitions,difficult distinctions between job titles and other types of works,and the existence of different standards in the application of laws,resulting in different judgments in the same case.Secondly,it is obviously unfair in the allocation of rights and obligations of job works,and there are problems such as attaching importance to unit interests and neglecting the interests of creators.The fourth chapter of this paper will combine the revised draft of the Copyright Law to propose suggestions for improving the system of job-based works in China.First of all,it will evaluate the revised draft of the Copyright Law,point out the progress of the place and the existing disputes,and then put forward specific suggestions for improvement in the disputed part.To perfect the system of job-based works in China,we should first clarify the relevant concepts.Secondly,we continue to retain the system of legal person works in the revised draft of the Copyright Law,and raise objections.The author believes that the continued retention of legal person works cannot solve the problems between legal person works and job titles.It is proposed to abolish the legal person's work system and classify the legal person's work into the commissioned work and the work work;finally,the revised draft of the "Copyright Law" proposes the paid use system for the priority use of the general work,and the preferential principle system for the reward work of the special work.