著作权法惩罚性赔偿制度研究

A Study on the Punitive Compensation System of the Copyright Law

《著作权法》修正后引入了惩罚性赔偿制度,从功能论的角度分析,《著作权法》引入惩罚性赔偿制度应是基于惩罚和遏制两个功能定位,而不是鼓励权利人提起诉讼。然而要实现惩罚和遏制的功能定位,《著作权法》关于惩罚性赔偿制度的设计需要同这两个功能定位相适应和相匹配。事实上《著作权法》关于惩罚性赔偿制度“倍数”确定的问题并未得到很好的解决,并且惩罚性赔偿制度和行政罚款、形事罚金之间的适用问题也未得到解决。这样能否真正实现惩罚和遏制的功能就存在疑问了,在《著作权法》已经对惩罚性赔偿制度作出规定的前提下,这些问题有待于未来从解释论角度找寻答案。

The punitive compensation system was introduced after the Copyright Law was revised. From the perspective of functional theory, the introduction of the punitive compensation system should be based on the two functional positioning of punishment and containment, rather than encouraging the right holder to file lawsuits. However, to realize the functional positioning of punishment and containment, the design of the punitive compensation system in the Copyright Law needs to adapt to and match these two functional positioning. In fact, the problem determined by the "multiple" of the punitive compensation system has not been well solved, and the application problem between the punitive compensation system,administrative fines and formal fines has not been solved. In this way, there is a doubt about whether the function of punishment and containment can be truly realized. Under the premise that the Copyright Law has stipulated the punitive compensation system, the solution of these problems needs to be found from the explanatory perspective in the future.