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《Electronics Intellectual Property》 2017-08
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On The Rightfulness and Necessity of Administrative Law Protection of Cyber Copyright

It is the legitimacy as one of the most controversial theoretical problems of protection under the administrative copyright law. In the context of the tradition and reality, it takes the legitimacy of administrative protection of Internet copyright into account, while the administrative protection of Internet copyright is in accordance with public interests in maintaining the market order and in line with the substantive principle of the rule of law. Internet copyright has attributes of public products and timely intervention of public power is caused by infringements of science and culture dissemination and public interests of market order by behaviors of violating Internet copyright. Administrative law protection of Internet copyright is aimed at providing administrative relief for the obligee, which means of public law is an essential part of Internet copyright protection system. At present, it is difficult for civil law and criminal law to protect Internet copyright, whereas administrative law protection has a comparative advantage with a degree of moderation, which is conducive to balance public and private interests and can be a useful complement to civil law protection as well as in line with realistic needs of the development of the Internet industry.
【CateGory Index】: D923.41
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