The protection of public interest is an important part of the copyright law，and it is also the essence of the theory of the entire copyright legal system. China's constitution，civil law，administrative law and other legal norms all make provisions on the protection of public interests，prohibiting the exercise of rights holders to damage the public interest，thereby defining the boundary between civil rights and the public interest. However，the right holder has no statutory obligation to abandon or reduce his or her legitimate rights and interests to benefit the public interest. The law cannot forcibly deprive citizens of their rights and interests to meet the needs of the public interest. Even in the protection of the public interest，the basic rights of citizens cannot be Freedom to impose restrictions is the basic concept of the modern rule of law，and many foreign constitutions respond accordingly.The restriction system of rights in China's copyright law restricts the copyright owner too broadly，the content is unreasonable，and it shows a strong public power color. The unfairness behind the theory is increasingly prominent. Since the country is a natural representative of public welfare，it should be the natural bearer of public welfare responsibility. The state cannot transfer responsibility by depriving and restricting the individual rights of citizens. Therefore，the legislative concept of the Copyright Law needs to be re-examined，and the public interest compensation mechanism needs to be established urgently to demonstrate the spirit of modern private law protection.