Research On The Financing Legal System Of Film Industry In China

In 2017,the first special law in the field of China's film industry,the Law of the People's Republic of China Film Industry Promotion(hereinafter referred to as the "Film Industry Promotion Law")was promulgated and implemented.Prior to this,China's film industry was mainly regulated and adjusted by laws,regulations and other various normative legal documents.Article 1 of the Regulations on Film Management stipulates: "In order to strengthen the management of the film industry,develop and prosper the film industry,meet the cultural needs of the people,and promote the building of socialist material civilization and spiritual civilization,this Regulation is enacted." It can be seen that China's positioning of the film industry for a long time is regarded as a cultural undertaking rather than a cultural industry,which is also a neglect of the commercial attributes of film products.However,with the continuous development of the market economic system,the commercial attributes of the film industry continue to be prominent,even in the tertiary industry is an important component.This is also reflected in the Film Industry Promotion Law.Article 1 of the Law replaces the "film industry" in the "Film Management Regulations" with the "film industry" in the terminology of the law.It is formally established by legislation.The attribute characteristics of the film industry.This laid a theoretical foundation for the development and practice of film finance and played a guiding role in thinking.On this basis,the "Movie Industry Promotion Law" belongsto a special law of the film industry at the legislative level.It is also based on summing up the experience of China's film industry development over the years,and clarifying and solving many controversial issues in the development of the film industry..It has significant significance for promoting the normative development of China's film industry.Based on the promulgation and implementation of the Film Industry Promotion Law,this paper starts from the current situation of China's film industry financing legal system and the film industry financing legal policy.Based on the practice development,we can find three aspects of the existing film industry financing legal system in China.Question: First,the traditional banking credit financing norm system is missing.It is manifested in the information asymmetry between the borrowers and the lenders,the investment is tilted towards the big production,the small and medium-sized film and television companies are difficult to borrow,and the types of loans specifically for the film industry are lacking.Second,there are legislative risk loopholes in the copyright pledge financing.The risk of copyright pledge is large,the evaluation of copyright value is difficult,and the difficulty of realizing copyright makes the risk in the process of copyright financing increase sharply.Third,the film insurance financing lacks legal regulation.The performance is a legislative gap,industry development restrictions,film approval restrictions,lack of professional film guarantee companies.The solution to the above three problems should be adopted in the general sense to grasp the current legal framework of the film industry financing system.First,improve the standard system of traditional bank credit financing,including establishing and improving the construction of relevant enterprise credit guarantee system,and building corporate credit.The business supervision system encourages the establishment of special policy or supportive banks;second,the establishment of a new system of copyright pledge models,including the establishment of an effective third-party guarantee system,the establishment of a copyright pledge notice registration system,the introduction of third-party supervision agencies,the establishment of The copyright evaluation system and the trading market;Thirdly,establish and improve the legal guarantee for film insurance financing,establish a local guarantee company by establishing a piece of insurance and setting up a “finance + finished film” double guarantee model through joint ventures.Be properly handled.In this regard,China's film industry financing legal system is more rigorous and appropriate,which can help the development of the entire film industry in China.