基于法文化视角的清末版权法律文本产生背景考察

On the Legal Cultural of the Copyright Law Text in the End of Qing Dynasty

《大清著作权律》作为我国历史上第一部版权保护的成文法,尽管只是短暂适用,但其价值却十分巨大,它所显示的理念与我国传统的版权观念相比有着革命性的转变。清末版权法律文本产生的主观诱因是我国传统文化的“现代化”和近代思想家们对作为西方“舶来品”的版权制度进行“主体性反思”的结果。

The Copyright Law of Qing was the first formal law on the copyright protection in the history of our country, though it was only applied shortly, it has great value, of which principle has been transferred revolutionarily comparing with our traditional copyright idea. The subjective reason why the copyright law text of Qing came into being is originally the ＂modernization＂ of our country＇s traditional culture and the result of the modern thinkers＂ subjectivity reflection on the copyright system as the western ＂ foreign goods＂.