中国著作权法立法论与解释论

Copyright law research in China has been in a prosperous process, but copyright legislation and legal dogmatics are both in difficult situations when confronting new copyright industry modes. Common views cannot be achieved because there are fundamental disagreements on basic copyright concepts, and verdicts for similar cases are different from different district courts. In response, copyright legislation and legal dogmatics should be both corrected. On copyright legislation level, comparative research should focused on how copyright rules created and how they react to the copyright industry. On legal dogmatics level, we should focus on the impact on the systematic style of legislation. Legislation should be based on legal dogmatics, and But this does not suggest abolishing the margin of legislation accordingly，statutory interpretation based on proper legal dogmatics should be restrained by domestic copyright legal system.