Legal Attributes,Regulatory Functions,and Legislative Improvements of Copyright Registration Institutions from the Perspective of Cooperative Governance
The newly revised Copyright Law of China explicitly stipulates the work registration system and promotes the de-ad-ministration of copyright registration institutions. This provides an opportunity to discuss the nature of copyright registration insti-tutions and the direction of future institutional reforms. The reasoning behind cooperative governance focuses more on the basis of administrative power authorization and the specific execution of administrative tasks by private regulatory organizations. From the perspective of the basis for the exercise of administrative power,Article 12 of the Copyright Law conducts "entrusted authoriza-tion," indicating that copyright registration institutions,in terms of organizational law,should be regarded as private regulatory institutions under the dimension of public-private cooperative governance. From the perspective of performing administrative tasks,copyright registration institutions are a type of private regulatory institution distinct from government regulation,and they should undertake private regulatory functions such as copyright registration,rule-making,information disclosure,charging,and discipline. In designing specific rules for the field of copyright registration,fundamental principles of administrative law such as the principle of due process and the principle of efficiency should be adopted as the working principles of registration institutions. It is also necessary to establish a dual supervision mechanism of administrative oversight and judicial review,while emphasizing the unification of registration functions,institutional autonomy,and the standardization of duties.
copyright registrationprivate regulationcooperative governancecopyright law
万方数据
维普
