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清末著作权法近代化的动因既有外国的压力又有中国社会内部的需要。清末的著作权法存在着“超前性”的问题,“超前性”之所以发生,是因为著作权法产生的主因是外在的压力而不是内部的真实需求。我国著作权法近代化的主要动因是外因,这决定了近代化的路径就是法律移植。通过移植,我国著作权法很快实现了近代化,但也存在实施效果差等问题,为当下著作权法制建设提供了经验和教训。
The motivation for the modernization of the Copyright Law in the late Qing Dynasty was not only the pressure of foreign countries but also the internal needs of Chinese society. The copyright law in the late Qing Dynasty had the problem of “advancedness”. The reason that “advancedness” occurred was that the main cause of copyright law was external pressure rather than internal real demand. The main reason for the modernization of copyright law in our country is the external cause, which determines that the path of modernization is the transplantation of law. Through transplanting, the copyright law of our country realized the modernization quickly, but also had problems such as poor implementation effect and provided the experience and lesson for the current copyright legal system construction.