权利保护抑或思想控制——中国传统文化中的著作权规范检讨

Rights Protection or Ideology Control:An Inspection for Copyright Norms in Traditional Chinese Traditional Culture

中国历史上并未颁布过成文的版权保护法,传统法律文化中却萌生了著作权观念。著作权观念集中表现在古代知识分子在作品上署名的行为,出版商排除他人翻印的行为,和官府所发布的保护版权、控制作品传播的禁止性规范。权利保护和思想控制是古代著作权规范的两个基本维度,但决定规范之内容、形态和实效的,是整合了礼法文化、义利之辩、教化治理和知识传承等观念的中国传统文化。由于缺乏承认规则意义上的社会文化根基,古代的著作权规范始终较为薄弱。

In Chinese history, China has never issued written copyright protection law, but the concept of copyright could be captured in traditional Chinese law culture. The concept represented some behaviors, including the writers in ancient times signing on their works, the ancient publishers excluding others copying their publications, and the government issuing the prohibitions to protect copyright and control the transmission of works. Rights protection and ideology control were two basic dimensions of the copyrights norms in ancient times, but the contents, forms and effects of the norms ultimately depended on Chinese traditional culture which concluding the ideas of law and morals, interests and justice, educational governance and knowledge inheritance. Because lack of social cultural founds in the sense of the rule of recognition, the copyright norms in ancient times were weak from beginning to end.