盗版及其治理的困境之因：基于法律心理效力观的解释

The Reason of Dilemma of Piracy and Anti-Piracy: The Explanation Based on Legal Concept of Psychological Effect

盗版及其治理成为一个世界性的难题。法律心理效力观的解释表明,公众缺乏对著作权的尊重和对盗版耻感的心理效力是盗版及其治理困境的根源。错过形成将著作权当作私人财产权信念的最佳时期、普遍不尊重著作权和对盗版非耻感的社会环境是著作权法心理效力缺乏的原因。当下相关主体在社会心理学上的努力,因缺乏可信度而无法对公众形成有效的说服。法律心理效力观对盗版及其治理困境的解释说明,著作权制度的构建和司法政策的调整应该遵循认知心理的基本规律。

The piracy and its governance have become global problems. The interpretation of psychological validity of law indicates that the lack of the psychological validity of respecting copyright and shame for privacy among publics is the origin of the problems. The reasons that publics are short of psychological validity of copyright law include two aspects： the best period to form the conception which recognizes copyright as private property has missed and there is widely disrespect to copyright and no shame to piracy in the society. Due to the low credibility, the related parties who work on psychology cannot persuade publics effectively. The interpretation of psychological validity of law to piracy and its governance illustrated that the construction of copyright system and the adjustment of judicial policy should be complied with the fundamental rules of cognitive psychology.