A Legal Analysis Of The Injury Relief Of Cultural Products

Different from ordinary products, the liability attribution and remedy path of damages caused by cultural products has been controversial. The research purpose of this essay is to seek remedial means for damages caused by cultural products within the framework of legal system. It is significant to pinpoint the nature of cultural products, determine the imputation principles and establish the remedy model for damages caused by the cultural products. In addition, it is also of great importance to ensure the quality, promote and improve the production and transmission of cultural products, meanwhile, to cultivate a more mature cultural consumer group.The first national case that a child imitated the cartoon plot which caused personal injury and then sued the animation producer had been put an end when the trial been concluded. As a new type of infringement which is caused by cultural products, the research of this case will have profound reference meaning to infringement dispute caused by cultural products.This essay will focus on the case of personal injury caused by the animation (Pleasant Goat and Big Big Wolf). Based on the case studies, the author employs economic analysis of law as a tool to establish the remedy path for infringement caused by cultural products at experience level. Moreover, the author hopes to perfect the theory of infringement indemnity for personal injury caused by cultural products, at the same time, use the existing legislation of other countries or regions with the method of comparative analysis,to inspect the defect of our legal system.This essay is composed of five chapters. The first chapter introduces the research case and raises three questions to lead the following chapters. The second chapter chooses the imputation principles.First, focuses on the concept of cultural products, which illustrates the concept of "cultural products" from the legal implications of "products" and discusses the feasibility and significance of putting "cultural products" into the defined range of "products".Then, through the analysis of the game behavior between the producer, the distributor and the consumer under the principle of contract, fault liability and no-fault liability with the particularity of cultural products. Combining with the particularity of cultural products, the author proposed the dichotomization of the imputation principles for infringement caused by cultural products which is the principle of applicable fault liability for adult consumers and the principle of applicable no-fault liability for underage consumers. The third chapter is the comparison and selection of remedy means for the party of infringement caused by cultural products, which confirms the applicable compensation for damages without the injunction and weighs the degree of infringement caused by cultural products, which applies the compensation theory to compare the fitness of compensatory damages and punitive damages for infringement caused by cultural products, and proposes the objective formula of "Multiple elastic compensation".The fourth chapter analyzes the case of Pleasant Goat and Big Big Wolf. The last chapter center on the Legislative suggestion of damage compensation caused by cultural products. Firstly, the author points out the deficiency of legislation. Specific suggestions for legislation concerning putting "cultural products" into the concept of "products" of the product quality law will be made. In addition, the imputation principles, the damage compensation system and the compensation calculation will be emphasized. Last but not least, from the perspective of the long-term development of cultural products, the author proposed the administrative licensing margin system and the commercial insurance system to disperse the responsibility of cultural product enterprises, which both provide strong safeguard for the sustainable development of cultural product enterprises.