Copyright in China

A thesis on a comprehensive study of copyright law and its jurisprudential basis in the PRC. It focuses on the examination of both the external conditions, which may affect or restrict the formation and development of the copyright law and policy in China, and the internal structure of the law which deals with liabilities for infringement of copyright. It reviews the tortuous process of development of the copyright theory and law in China, and explores the underlying influences of Chinese traditional culture and socialist political system upon this process. Copyright in China also analyses the significant influence of Western concepts of copyright on the theoretical and practical development of a Chinese system of copyright protection. It argues that the fundamental barriers to the development and operation of the copyright law in China result from the persistent gap between the notions that are forced upon the legal system and those embodied in social axiology. The thesis concludes that the traditional values inherent in Chinese theories and law of copyright are now being challenged by contemporary Western copyright ideas. The economic reform program and 'open door' policy implemented in China has intensified this challenge. To resolve this tension, China needs to adjust its law and policy to conform with the standards of copyright protection commonly accepted by international communities.