Film And Television Works Cause Others To Imitate The Infringement Liability Research

A child from Donghai Country injured some two other peers by imitating the plots of a cartoon. The case based on it was the first one that the cartoon company was punishment for its plots lead the child to cause the injuries. The first instance verdict of this case judged that the tort liability can be established and the cartoon company should take proportional responsibility. This case is original;however, it is also controversial. Legal experts have a diversity of opinions about this case.This dissertation will focuses on this case,and by combining it with all kinds of conflicting views analyze whether it is possible to legally evaluate it as a general tort liability case.The first chapter will introduce the essentials of the case and the result of the first instance and its legal ground. Then it analyzes the debates in legal fields from the respective views of Prof. Yang Lixin and Prof. Sun Guoliang. Based on it, I will summarize the points of this debate.Chapter 2 will introduces the relevant cases from the perspective of civil law system and the perspective of common law system respectively.And it reaches a conclusion that common law heavily emphasizes the significance of freedom of speech; in contrast civil law concentrates on the legal interests of juveniles.Chapter 3 will compare this kind of case with the general tort liability case and pinpoints its particularities.In chapter 4 I will try to base the analysis of this kind of case on the constitutive elements of tort liability. And it reaches a conclusion that it need or at least can evaluate this kind of case legally on the theoretical model of the general tort liability case; and because of its specialty, we still need make some theoretical emendation for this kind of cases.Chapter 5 will explore its significance for our legal practice and conclude with the legal advice to the former State Administration of Radio and Television.