A Study On The Conflict Of Laws And Resolution In Foreign-related Copyright In China

Because of the regional attribute of copyright,the copyright system of different countries is very different.In addition,China’s continuous deepening of reform and opening up and the implementation of the "Belt and Road" strategy,more frequent exchanges with foreign countries have led to the increasing number of foreign copyright disputes in China.And the legal sources on which our country can solve this problem have many defects in system and content.From the conflict norm point of view,because our country’s conflict norm development history is not long,the main conflict norm has many problems.This leads to the fact that the courts in our country can not explain in detail the basis of choosing the applicable law on the one hand,on the other hand,the courts to settle all foreign disputes with their own laws.In addition,because the meaning of the conflict norm itself is not clear,the Chinese courts are deeply trapped in the application of the "requested place of protection ".And substantive law in practice,completely failed to get enough attention.The existence of these problems will inevitably hinder the development of our society ruled by law,so it must be solved and perfected.Therefore,it is necessary to learn from the advanced experience of foreign countries.In solving this problem,the United States does not recognize the effectiveness of international treaties in its own country,but rather integrates their valuable content into its own laws,with special emphasis on the application of the theory of division.The UK continues to adopt legislation to support the application of EU law and international conventions in the country,with particular emphasis on the use of statutory law.In addition to focusing on the application of the doctrine of division,Japan pays particular attention to giving courts greater discretion in resolving this issue.After analyzing the problems existing in our country’s practice and studying the advanced experience of foreign countries,our country should do the following in perfecting the applicable system of foreign copyright conflict law.First of all,it is necessary to clarify the meaning of "the law of the requested place of protection" so that the courts at all levels can be consistent in choosing the basis.Secondly,to perfect the adjustment object in the conflict norm,to increase the method of selecting the applicable law and to introduce the division applicable law,these foreign advanced experiences can make the court’s judgment as fair and stable as possible.Finally,it is necessary to improve the operability of the law and to design the legal provisions more elaborate and systematic,so as to facilitate the court to quote and interpret.