虽然知识产权理论界存在司法能动主义与权利法定主义的争论,但通过对最高人民法院公报案例的考察,并结合分析著作权法三次修改的历程,可以发现:在实践中,司法能动与权利法定并不相悖,在一定的张力作用下,著作权领域的司法活动与立法、修法活动有着良好的互动作用,能动司法反而更有利于法律体系的稳定与发展。 Although there exists the debate between judicial activism and legal rights in the field of intellectual property theory, by examining the case reports of the Supreme People’s Court and combining with the analysis of the course of the three modifications of copyright law, we can find that in practice, judicial motivation and legalization of rights In a certain tension, the judicial activities in the field of copyright have a good interaction with the legislative and revision activities, and the active judicial system is more conducive to the stability and development of the legal system.