Research On Legal Issues Related To Gambling Agreements In My Country's Film And Television Industry

Under the leadership of Comrade Xi Jinping,the Central Committee of the Communist Party of China introduced the development concept of "reform first" into the country's economic development.Under the call of this idea,a large number of innovative enterprises began to emerge.Especially in the film and television industry dominated by creative resources,the characteristics of creativity and new industry are particularly prominent.In this context,various market players have created a variety of investment and financing means.Among them,the betting agreement is favored by various market subjects because of its high risk and high return.However,due to bet against the agreement belongs to the new investment and financing tool in our country,is in a critical period of rapid development,in the process,though bet agreement to expand the film and television enterprises financing channels,through the industrial chain plays a vital role,but due to the defects of legal regulation lead to bet against disputes cannot properly solve the problems still exist.Looking at the current situation of China's laws and regulations on matching agreements,it can be found that there is no special legislation on matching agreements in legislation,and the problem of slow development of such financing can be caused by rigid treatment of matching agreements with existing institutional provisions.At the judicial level,due to the unclear judgment standard and the different professional quality level of judges,leads to different court decisions in the same case.Due to the weak punishment and ineffective execution of the law enforcement,the malicious performance of the gambling agreement in the film and television industry occurs frequently.At the same time,compared with the mature legislation and practice of foreign countries,the research on the betting agreement in China is more focused on the theoretical basis,and there is a lack of research on the application of the betting agreement in special industries.Therefore,this article to bet against the agreement of the basis of theoretical analysis,studies the legal regulating of the film and television industry bet agreement status and the problems in practice,and combined with the United States to bet against the successful practices of the regulation for the agreement and mature system of related rules,proposed consummates our country bet on the agreement of the rule of law regulation,film and television industry path.The specific arrangement is as follows:Chapter one is the introduction.First of all,the overall environment and the research significance of the subject are expounded.Secondly,it reviews and analyzes various representative research results and viewpoints,and points out the problems existing in the existing research,so as to provide necessary perspectives for identifying the focus and focus of this research.The second chapter gives a comprehensive introduction to the theory and development process of the betting agreement.It mainly includes the concept,legal nature,cause and changing process of betting agreement.The third chapter studies the application and existing problems of the gambling agreement in film and television industry.Firstly,the paper analyzes the current situation and characteristics of the application of betting agreement in the film and television industry and points out the particularity of the film and television industry compared with other industries.Secondly,the paper focuses on the main problems existing in the application of betting agreements in the film and television industry,including loopholes in legal regulations,differences in effectiveness determination,obstacles in actual performance,low regulatory transparency and lax punishment.The fourth chapter is the comparative study,focusing on the application and practice of American antigambling agreement and its enlightenment.First of all,it introduces the facts and court decision of "Thought Works",a case of American betting agreement.Secondly,from the perspective of judicial judgment,this paper analyzes the actual application of legal system by American courts in dealing with the dispute cases of betting agreements,in order to provide reference experience for the application of betting agreements in the film and television industry in China's investment and financing market.The fifth chapter is the focus of this thesis,mainly studies the path to improve the legal regulation.From three points of view,this paper reports the relevant legal norms to improve the gambling in the film and TV industry in China.First,legislation.On the one hand,relevant regulations or special judicial interpretation should be formulated to remedy the loopholes existing in the legal system of the gambling agreement in the film and television industry.At the same time,it is necessary to clarify the performance path of the gambling agreement in the film and television industry and establish the performance standard combining the capital maintenance principle and solvency.Second,the judicial level.First of all,jurisdictions should take care to apply different legal interpretations and recognize the shift from a single legal interpretation to a comprehensive one.Secondly,judicial judgment should pay attention to the application of different legal interpretation methods,and realize the transformation from a single legal interpretation to a full range of legal interpretation.Third,law enforcement.In order to better implement the relevant institutional norms of the gambling agreement and play its positive role,the regulatory and law enforcement departments should strengthen the establishment of information disclosure system,the administrative law enforcement departments should increase the punishment of malicious performance,and strictly control the malicious performance of the gambling agreement in the film and television industry through multiple means and multiple channels.