The Laws Of Nature. "lip-synching" Behavior And Legal Responsibility

With the prosperity and development of the market economy in our country, people demands much higher at spiritual enjoyment and appreciation which promotes the vigorous development of cultural industry. However there are also many problems exist in the increasingly prosperous culture industry, and these issues seriously affect the sound development of the cultural industry. Among them, the "lip-synching" problems because of the lack of effective regulation law have intensified the trend. If have no accurate understanding on its legal nature and legal responsibility, one can not regulate it legally and limit its deterioration, thus affecting the healthy coordinated development of market economy. But, about the lip-synching, the current laws regulations mainly concentrated in the administrative laws. In April 2010, the first case of lip-synching, only impose administrative punishment on the lip-synching performance operators, while never the audience defends this act legally. This thesis emphasizes on analyzing the legal nature as well as legal responsibilities of lip-synching on the civil side, and discus the lip-synching on the basis of position-setting. The thesis attempts to make a comprehensive analysis on legal nature and legal responsibilities of "lip-synching", and the legal position of the audience, the producer, lip-synching performance operators and the administrative organs, making clear the possible legal relationships formed between the parties. This thesis makes argumentation for the legal nature of lip-synching as the breach, tort, general violations respectively, and possibility of lip-synching behavior form the crime, then analyze the miming the responsibility of breach of contract, tort liability, the administrative responsibility undertaker and bear methods brought by lip-synching respectively. Finally, based on our country's judicial practice of "lip-synching" problem, put forward the author's understanding in law.