Set limits and eliminate regulations for industry legislative access
Capital has the final say, the hidden rules make everything change, experts in the industry propose
● During the operation of the illogical star-making plan, the hidden rules of capital have the final say, everything has changed. The conventions of the entertainment industry, the legal admonitions, the introspection of virtues, and the call of public order and good customs have all become less important. , Eventually leading to frequent artists’ anomie
● To solve the chaos in the entertainment industry, it requires the country to carry out industry development legislation in a macro sense, but also requires industry practitioners to restrain their own behavior, and also requires industry self-discipline and industry autonomy.
● As a domain law, the entertainment law must not only maintain the normal development order of the entertainment field, but also protect the rights of practitioners in this field, and at the same time regulate the content, spirit and values output by the entertainment industry
□ Our reporter Zhao Li
□ Intern Yang Yinan
The Central Propaganda Department recently issued the "Notice on Carrying out Comprehensive Management Work in the Field of Culture and Entertainment", which pointed out that some employees have low political literacy, weak legal awareness, declining moral concepts, and illegal and ethical words and deeds occur from time to time, which have a negative impact on society, especially young people. , Seriously polluting the social atmosphere, and the people reacted strongly.
In recent years, there have been frequent negative news in the entertainment industry. Tax evasion, drug and prostitution, surrogacy and abandonment, malicious speculation, display of wealth and money, vulgar kitsch and other violations of laws and regulations, and depravity and norms are infuriating. The chaos needs to be rectified.
A number of industry experts interviewed by reporters from the Rule of Law Daily pointed out that the lack of moral education, the lack of legal punishment, the lack of social evaluation guidance, the lack of assessment and elimination mechanisms, and the repeated indulgence of idols by the "fan circle" have caused artists to lose their standards. Frequently appear.
It is recommended to strengthen the legislation of the entertainment industry, and at the same time improve the corresponding supporting rules such as industry self-discipline norms, link moral anomie with legal punishment, and promote the healthy development of the entertainment industry.
Absence of Moral Education and Absence of Law
Unscrupulous artists frequently appear
On July 31, the Chaoyang police in Beijing announced that Wu Yifan was under criminal detention in accordance with the law on suspicion of rape.
On August 16, the procuratorial organ approved Wu Yifan's arrest in accordance with the law.
Before Wu Yifan, Zheng Shuang was due to tax evasion and illegal surrogacy, Zhai Tianlin was "banned" for academic misconduct, and Wu Xiubo was "banned" for problems such as the "derailment gate"; after Wu Yifan, Zhang Zhehan, Huo Zun, Qian Feng, etc. or were injured by visiting the Yasukuni Shrine National feelings, or being exposed to personal and moral problems, "turn over" one after another.
Star, what's going on?
Li Danlin, a professor of the Law Department of the School of Cultural Industry Management of Communication University of China and the vice president of the Beijing Culture and Entertainment Law Society, analyzed that it was a capital platform that excessively pursued economic interests and selectively ignored the anomie of some artists. In the process of creating marketing artists, Germany The serious lack of education, legal admonitions, and core value requirements, coupled with the repeated indulgence of idols by the "rice circle", has caused a decline in the moral quality of some celebrities, and eventually made a big mistake of breaking the law and harming national feelings.
Li Danlin reminded that the frequent "rollovers" of celebrities are also closely related to the characteristics of the current Internet age.
"In the non-network era, becoming a star that the masses like requires strict training, checks and technical talent training. But in the network environment, as long as you look good and attract fans and traffic, you can become a star. This is the case. In addition, with the blessing of capital, some people with no talent or even poor character have become top stars." Li Danlin said.
Li Qingwei, a professor at the Law School of Shanghai University and chairman of the Cultural Industry Rule of Law Research Association of the Shanghai Law Society, believes that in modern society, a large number of star-making projects, such as various reality shows, have enriched the form of the entertainment industry to a certain extent, but also It has changed the conventional route of artists' growth, and even became a shortcut for some artists to debut. "This is abnormal."
"This kind of star-making plan, from idea to realization, involves a lot of money in every link. Where does the money come from?" Li Qingwei said, in the operation of the illogical star-making plan, capital has the final say. Let everything change. The conventions of the entertainment industry, the admonitions of the law, the introspection of virtues, and the call of public order and good customs have become less important, which eventually led to some morbid phenomena in the industry and frequent celebrities.
According to Yu Feng, a researcher at the Research Center for Legislation and Rule of Law Strategy at East China Normal University, the lack of moral education, the lack of legal punishment, the lack of social evaluation guidance, and the lack of assessment and elimination mechanisms are the fundamental reasons for the frequent occurrence of illegal and unethical artists. , Which also triggered the reorganization of the industry.
Establish an evaluation and elimination mechanism
Reshape the success criteria for artists
The formation of ills and ills did not happen overnight. A series of negative events in the entertainment industry have also sounded the alarm for practitioners. If you want to work in the arts first, this "circle" is not a place outside the law.
Relevant state departments quickly took action.
In March of this year, the Radio and Television Law (Draft for Solicitation of Comments) promulgated by the State Administration of Radio, Film and Television stated that if the main creators of radio and television programs violate laws and regulations and cause adverse social impacts, the radio and television authorities may impose necessary restrictions on the broadcasting of relevant programs. .
From August 25th to 26th, various national literary and art associations affiliated to the China Federation of Literary and Art Associations, including the Chinese Music Association, the Chinese Theatre Association, the Chinese Film Association, and the China Television Association, held a symposium on the development of styles to discuss and advocate for many illegal and moral failures. Literary and art workers keep their responsibilities in mind, keep the bottom line, and lead by example.
On August 27 and September 2, the Central Cyberspace Administration of China and the State Administration of Radio, Film and Television issued notices one after another, demanding to strengthen the management of chaos in the "rice circle", resolutely resist illegal and unethical personnel, and resolutely oppose the flow-only theory.
"We need an entertainment industry that is clean, competitive, and ethical, not an entertainment industry that is mixed, disorderly competition, and breaks through the moral bottom line." Li Qingwei said that the cultural power strategy and cultural soft power construction are steadily advancing. As an important part of cultural development, the entertainment industry must not be absent. Vigorously rectifying the entertainment industry is also to better develop the entertainment industry.
In Li Qingwei's view, to solve the current problems of the entertainment industry, it is necessary for the state to carry out industry development legislation in a macroscopic sense, as well as for industry practitioners to restrict their own behavior, and to rely on industry self-discipline and industry autonomy.
"In the sense of the modernization of national governance, it is inevitable to respect the law of the development of the entertainment industry and to adjust the logic of the combination of rule of law and autonomy."
In response to the continuous issue of artists’ illegal and moral failures, some people in the industry have suggested that the entertainment industry urgently needs to establish an evaluation mechanism for cultivating artists’ moral qualities and a screening and elimination mechanism.
The interviewed experts quite agree with this.
Li Qingwei believes that cultivating star artists with both morality and art focuses on establishing a correct outlook on success and success. The current practice of combining the criteria for success with traffic and making money is the root cause of the artist’s deviation. The criteria for the success of plastic artists are extremely important.
Yu Feng believes that we can start from four aspects: establish an artist’s moral literacy training and assessment mechanism and a screening and elimination mechanism, through the combination of a "positive list" and a "negative list", to set limits for entry and establish rules for elimination; strengthen; Moral education; appropriately link moral anomie with legal punishment to avoid the lack of urgency, pressure and awe of the artist’s sense of anomie punishment due to lack of moral restraint; the moral level of a group reflects the moral level of the society as a whole , Ignoring or ignoring the moral issues of other groups, and only focusing on the moral issues of artists, the effect may be partial and short-lived. Therefore, it is necessary for the whole society to abide by ethics and legal rules, and create a clean and virtuous social evaluation orientation.
Enhancing the entertainment industry legislation
Specific rules are important
The vigorous development of the entertainment industry is in contrast to the lack of relevant laws and regulations in the industry, and it is urgent to accelerate the legislation of the entertainment industry.
"The entertainment law itself is not the name of a law, but a general term for legal norms that adjust the behavior of practitioners in the entertainment industry and their mutual relations." Li Qingwei said that the nature of the entertainment law determines its significance, first of all, that the entertainment industry should be promoted through the law. Values are consolidated, so that practitioners know what is right and wrong, so as to promote the healthy development of the entertainment industry.
In Yu Feng's view, the practical significance of advancing the entertainment law lies in regulating and adjusting the rights and obligations of the subjects involved in the entertainment industry, and providing guidance, evaluation, education, prediction and coercion to the behavior of subjects involved in the entertainment industry; Systematic and integrated presentation of legal issues in the entertainment industry and search for solutions; as an industry-specific entertainment law, it has the functions of preventing, investigating, controlling, and handling the inherent and frequent risks of the entertainment industry; opening up the gap between the law and the entertainment industry The barriers between the two countries make up for China’s current lack of experience in legal education in this area, and solve the problems of insufficient development of emerging and interdisciplinary subjects, and insufficient curriculum systems.
So how exactly should the rules of entertainment law be defined?
Li Qingwei believes that the entertainment law rules should be based on empowering rules as a whole, but the equality and consistency of rights and obligations should be adhered to.
"Entertainment law rules must include obligatory rules and punitive rules. At the same time, some axiomatic principles, such as the principle of public order and good morals, and the rules of cosmopolitan and national relations, are indispensable. In addition, it should also include rules for censorship of entertainment projects."
Li Danlin proposed that the entertainment law as a domain law must not only maintain the normal development order of the entertainment field, but also protect the rights of practitioners in this field, and at the same time regulate the content, spirit, and values output by the entertainment industry.
Article 9 of the Film Industry Promotion Law stipulates that film practitioners such as actors and directors shall adhere to both virtue and art, abide by laws and regulations, respect social ethics, abide by professional ethics, strengthen self-discipline, and establish a good social image.
But in reality, there are still illegal and unethical artists.
In this regard, Yu Feng believes that although Article 9 of the Film Industry Promotion Law mentions the “Shuangxin of Virtue and Art”, “respect for social ethics and abide by professional ethics,” there are no targeted penalties in the chapter of “Legal Liability”. The terms, the effect can be imagined, so the entertainment law should be improved.
In addition, the need to strengthen regulations for capital entering the entertainment industry has also been generally agreed by the interviewed experts.
Li Qingwei said: "The capital that enters the entertainment industry cannot have only a single capital attribute, but it should also have social attributes. Investors in the entertainment industry are different from investors in other industries. Profit is no longer their only goal, and they must also bear social responsibilities. ."
Yu Feng suggested that laws should be improved to correctly handle the relationship between social benefits and economic benefits, social value and market value.
When two benefits and two values conflict, economic benefits obey social benefits and market value obeys social values.
At the same time, it is necessary to strengthen policy guidance, strictly supervise in accordance with the law, pay attention to moral adjustment, adhere to social responsibility, and implement the requirements of the unification of the two benefits to promote the healthy and orderly development of the entertainment industry in the new era.
Li Danlin pointed out that the nature of capital is profit-seeking. If capital is to comply with laws and regulations and shoulder social responsibilities, it must rely on laws and supervision.
The behavior of the artist should be linked to the legal risks and responsibilities that the capital needs to bear, so that the behavior of the capital can be regulated, and it may not violate the market rules or infringe the public interest.
Therefore, the principle of the unification of economic benefits and social benefits can be highlighted in the entertainment law.
Experts believe that both self-discipline and supervision should be included in the rules of entertainment law.
“Self-discipline emphasizes internal power, supervision emphasizes external power, and the combination of internal and external forces is of great significance to the formation, maintenance and maintenance of a good order. The emphasis on both self-discipline and supervision in the entertainment law reflects the characteristics of the industry.” Yu Feng said.
Li Danlin reminded that some behaviors may not find corresponding prohibitions in the law, but according to general ethics and morals, these behaviors should be condemned and denied.
At this time, public order and good customs are a good supplement.
However, it is not enough to emphasize public order and good customs in the entertainment law. It is also necessary to improve the corresponding supporting rules, such as industry self-discipline, industry practice, industry management, etc., which can be regarded as the extension of the entertainment law.
Comics/Gao Yue