Research On Legal Identification Of Plagiarism

Plagiarism has existed since ancient times and has been repeatedly banned.Especially in recent years,China’s artificial intelligence technology has achieved rapid development.Various types of intelligent plagiarism software have emerged endlessly,and the number of plagiarism cases has skyrocketed.Although China’s copyright law clearly states that plagiarism is a copyright infringement,the actor plagiarizing other people’s works must bear corresponding civil liability.However,the copyright law does not discuss what plagiarism is and how to identify plagiarism.The imperfect laws and regulations have led to confusion in judicial practice and the phenomenon of "different judgments in the same case" frequently occurs.In the long run,the credibility of the court will also be greatly reduced,and judicial authority will be difficult to maintain.Therefore,in order to better protect the legitimate rights and interests of copyright holders and maintain the harmony and stability of society,it is really necessary to carry out in-depth research and improve the legal identification system of plagiarism.To this end,this article starts with the concept of plagiarism in the copyright law,clarifies its legal connotation,and then discusses the constituent elements of plagiarism.At the same time,it explains the two basic principles of plagiarism.Finally,based on the current status of China’s judicial practice,and by drawing on the successful experience of the legal system for the identification of plagiarism in other countries,I put forward personal suggestions for the improvement of the legal system of plagiarism in China: Clarify the subject of plagiarism.The determination of plagiarism should be made by judicial referees.When judges lack the "professional knowledge" and "professional ability" of similarity appraisal,they can entrust professional institutions in related fields to provide appraisal opinions.In the specific determination steps,the right subject and the right object should be clarified first,and then different judgment methods should be used according to the types of works to make a final judgment on whether the two works constitute substantial similarities.