我國著作權法中的違法作品問題

This article reviews the copyright dilemma of illegal works in the context of Chinese copyright system. Under the current law, not merely the works with unlawful content, but also the works did not follow the censorship procedure will be exclude the copyright protection. As to the works that violated procedure law, they can find their legality in the domestic level, but they will be confront with the challenge of international copyright, and this will lead to the super-national treatment. As to the works with unlawful content, by examining them with the "three-step test", this article find the key problem lies not in the legislation of denying the copyright of those works, but in the clarification of the scope of those works within "certain special cases".