我国著作权法中的图书馆地位辨析

Analysis on the Lawful Position of Library in China Concerning Copyright Law

我国现行《著作权法》中关于图书馆地位的规定从文义解释上存在严重瑕疵,与宪法关于发展文化事业的精神不符。产生瑕疵的根源是对图书馆和公共图书馆制度的价值认识不足,并由此产生关于图书馆职能与权利的司法适用的法律缺位。

There is a serious flaw in the current copyright law of our country concerning lawful position of library according to semantic explanation, and it has deviated from the constitution of our country on developing culture career. The source of flaw produced comes from the failure to recognize the value of library and public library system, therefore, it has come into being shortage of law that be applied in judicatory practice on function and right of library.