论文部分内容阅读
现行法律、法规及司法解释对图书的定性尚不明确,因图书编校差错争议而引发的纠纷是否系学术争议,法院应否受理管辖仍有疑义。此类案件的审理,应立足于图书作为产品的定性,厘清图书编校争议系产品质量纠纷,应由人民法院管辖,结合争议作为专门性问题的特殊性,依据省级新闻出版行政部门系图书质量管理职能部门的规定,以其出具的审核结论作为判定图书质量是否合格的依据。并对纠纷性质系产品质量违约纠纷或侵权纠纷作出识别,进而划分责任。
The current laws, regulations and judicial interpretation of the nature of the book is not clear, because of the controversy over the errors caused by the book editing controversy is academic controversy, the court should still have doubts about whether the jurisdiction should be accepted. Such cases should be based on the book as a qualitative product, to clarify the controversy of books, product quality disputes, should be under the jurisdiction of the people’s court, combining controversy as a special issue of specificity, according to the provincial press and publication administration department of the book quality Management functions of the provisions of its audit findings issued as a basis for determining whether the quality of books. And the nature of the dispute is the product quality breach of contract or infringement disputes to identify, and then divided responsibility.