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著作侵权适用精神损害赔偿制度以其存在的科学性和合理性,为以法国为代表的众多大陆法系国家以及俄罗斯联邦共和国所采纳,并作为保护著作权人的一项重要制度在立法上予以明确。而我国对于著作侵权是否适用精神损害赔偿,立法至今规定空白,无从满足司法实践的要求。为此,本文认为在我国著作侵权领域引入精神损害赔偿制度、完善精神损害赔偿额的确定因素尤为重要。
The system of compensation for the application of moral damages for copyright infringement has its scientificity and rationality, has been adopted by many civil law countries represented by France as well as by the Republic of Russia, and has been clearly defined in legislation as an important system for the protection of copyright owners . However, our country has no legal remedy for the infringement of the copyright and the legislation has so far provided for a blank, which can not meet the requirements of judicial practice. Therefore, this article considers that it is particularly important to introduce the system of compensation for mental damages in the field of copyright infringement in our country to improve the compensation for mental damages.