Is administrative enforcement the answer Copyright protection in the digital era唐冠虹【DOC精选】.docx

Is administrative enforcement the answer? Copyright protection in the digital eraGuan Hong Tangaa?School of Law, Shanghai University of Finance and Economics, Shanghai, ChinaAvailable online 13 July 2010.?AbstractCopyright protection is becoming more challenging by the day in the digital era. In line with its political policy, China has established a copyright regime with particular characteristics. While the public interest in access is highlighted, the public interest in authorship has also been imposed and taken further. It also provides for public, non-criminal enforcement - copyright administrative enforcement. Could the Chinese model possibly be a solution for effective copyright protection? This will be explored in the light of an up-to-date case analysis in both actual and virtual environments.Keywords:?China; Intellectual property; Copyright; Enforcement; CyberspaceArticle Outline1.?Introduction2.?The dual-track system2.1.?Current legal structure and judicial copyright protection2.2.?Administrative enforcement3.?Practices of administrative copyright enforcement3.1.?Illustrative examples3.2.?Administrative enforcement in cyberspace4.?Discussion and conclusions1. IntroductionChina has been forming its government based on “socialism with Chinese characteristics” since 1979: socialism represents the basic principles of practice and Chinese characteristics are what these principles embody in the country.1?A multi-ownership-oriented basic market economic system (with the public ownership in the dominance) has thus been established and sustained together with a unique legal system. To date, “a Constitution-centred socialist legal system with Chinese characteristics has basically taken shape”.2The implementations of these “Chinese characteristics” in the legal system are varied and sometimes might seem peculiar and contradictory. For instance, whilst the Constitution affirms that all state power belongs to the people and authorises the National People’s Congress (N