夹缝中的法律移植与传统创造——《大清著作权律》述评

作为中国第一部著作权法，《大清著作权律》更多是外力催化而非自然生长的结果，因而深深烙上了那个动荡时代的印迹，其作为政治工具的诸多缺陷也非常明显。尽管如此，它还是打开了一扇窗口，使中国人开始慢慢了解和接受著作权观念，并成为中国著作权法发展的规范源流。《大清著作权律》的制定和实施过程既是移植法律的过程，也是创造传统的过程。

Legal Transplant and Tradition in the Crack: A Comentary Description of Copyright Law of Qing Dynasty

As the first copyright law of China, Copyright Law of the Qing Dynasty was the result of external pressure rather than the natural development of Chinese society. Thus it was deeply branded with the characters of that turbulent time, and there are obvious defects in the law which is regraded as a politic instrument . How- ever, Copyright Law of Qing Dynasty still broadened Chinese people＇ s horizon and helped them gradually un- derstand and accept the concept of copyright. It also became the original source of Chinese copyright law. The process of formulation and implementation of Copyright Law of the Qing Dynasty is the process of law transplant and the creation of tradition.