Legal Study Of Performance Management System

With the improvement of the level of material life and spiritual civilization, culture and entertainment industry entered a new period of comprehensive development in our country, but at the same time, there are a large number of performance brokerage contract disputes. we need to notice that, as a later starter in perform brokerage industry, in comparison with such countries with increasingly perfect institutions as Europe, the U.S., Japan and Korea, ours is still at a spontaneous and individual proprietor’s stage, during which, various disputes between the entertainers and the perform firms constantly occur. Such status roots in the following:lack of perform brokerage practice, lower quality of brokers; ambiguous definition of the legal relationship between entertainers and the brokerage firms as well as the unspecific stipulations of rights and obligations. Therefore, relevant theoretic research is to be carried out on the basis of in-depthl investigation and with experience summed up, a perform contract system of Chinese style shall be established progressively.To be specific, the article consists of four chapters:The first part of this article generally summarizes the developing venation of our country’s performance management industry from the period of 20s and 30s last century to now. It points out that the current performance management market of our country has three major problems. For example the brokerage contract content is not equal, contract period is not proportional to the commission ratio and entertainer broker are incompetent.The second part of this article is the introduction of American performance management system. American entertainment industry in the world is very outstanding, the performance management system has many aspects deserved us to learn. Such as controlling the content of brokerage contract, limiting the entertainer broker qualification strictly、regulating the detailed obligations of entertainer broker and reflecting the role of performance industry association. All of these are worth our learning.The third part is the focus of this article and main studies the relevant problem of performance management contract. The first is to identify the nature of performance management contract. The author compares the contract difference of performance management contract、commission, broker and labor. He thinks that performance management contract belongs to a special contract.When performance management dissension appears, we should refer to the commission contract provision of "Contract Law" to handle it. Then the article analyzes the effective elements of performance management contract. It thinks the effective performance management contract needs to meet four elements. For example the subject has full capacity for civil conduct, the will is true, the contract has the possibility of realization and does not violate the law or the public interest of society. And then the author analyzes the right and obligation of performance management contract parties. He thinks that the entertainer broker has obligation to deal with the performing arts, find acting jobs, have packaging, marketing and training for entertainers, report timely, delivery money and items, transfer the rights and obligations, do the confidential work. The entertainer has obligation to complete performance according contract, doesn’t participate performing arts secretly, pay for reward and priority renewal. As for the last content of this part, the author analyzes performance management contract termination, focusing on arbitrary termination right, thinks that performance management contract as a highly commission contract of personal trust relationship should give any party the random cancellation right.The last part of this article is about the countermeasure and suggestion of performance management system. The author proposes a special judicial interpretation to guide performance management dispute. At the same time adopting the filing entry and inspection system for performance management contract, enhancing the qualification identification of entertainer broker, perfecting performance management education system, finally, giving full play to the role of performance industry association.