On the Legislative Technic of “Fair Use” in the Chinese Copyright Law Revision
The legislative technic of "fair use" is one issue contested in process of the third revision of Chinese Copyright Law. There exist three models of "fair use" rule: open, half-open and closed model, each of them originates from corresponding legal philosophy and tradition. The real effects of these models not only depend on the legislative rule itself, but to more extent on the interaction between legislation and judiciary. In general, more and more countries tend to improve the flexibility of "fair use" clause. Considering the judicial reality of China, the closed model of "fair use" in current Chinese Copyright Law should be revised with an elaborate expression to balance the predictability and flexibility of law.