The Research Of The Fault Of Producer's Tort Liability In The Children's Film And Television Works

In the "Jiangsu children imitate cartoon violence burn companions" case,the court held that cartoon "pleasant goat and grey wolf" which the defendant Creative Power Entertaining(CPE)produced,is mainly spread to special group minors.when in the production and spread of profit for the related video products,the defendant should abide by relevant laws and regulations on the protection of the rights and interests of juveniles,in addition to Regulations on the administration of audio and video products.The defendant failed to perform its due obligations that did not take the initiative to strictly review unsuitable the plot and the picture for minors,did not fulfill the duty of care including risk warning and warning to imitate.The defendant should bear the responsibility for compensation according to The Law of the Protection of Juveniles Article 34,on the facts of damage being fault.It is very few to see the case for children's film and television producer for violation of the protection law of others and assume civil responsibility liability at present,it's also the first case that children's film and television producer for violation of the protection law of others——The Law of the Protection of Juveniles and assume responsibility in China.But there is also great controversy,someone think that the defendant has no fault because of getting the administrative license,and consequences of the damage are not directly related.Even think that is not conducive to the development of the underdeveloped children's film and television culture if too strict blame.Therefore,it is necessary to study that children's films and TV producer undertake what kind of juvenile obligation,and whether it should bear civil liability for compensation when the producer for violation of the protection law of others.Based on this,the author paid attention to study the fault of the producer obligations and fault identification,the type of tort liability imputation principle and independence,and proposed suggestions for the children's film and television works development and system construction should be parallel.