我国影视植入式广告法律规制研究

发布时间：2018-06-13 04:51

本文选题：影视植入式广告 + 法律规制　；参考：《山西财经大学》2017年硕士论文

【摘要】：跟随时代发展的步伐,广告业在21世纪迅猛发展,尤其在中国入市以来的15年间,市场经济的发展带动广告业不断突破。作为广告界冉冉升起的一颗新星,影视植入式广告发展迅速、优势明显,成为传统广告的重要补充。由于产生和发展的时间较短,形式新颖,构成隐蔽、复杂,虽然已得到专家学者甚至立法者的注意,然而仍未有针对性的法律法规对其进行监管和规制。本文运用了文献研究法、实证研究法和归纳分析法,分四个部分对影视植入式广告法律规制进行了研究。第一部分对文章选题背景和选题意义进行说明,总结国内外文献研究现状,并阐述了全文研究内容、写作方法、文章创新之处。同时介绍了影视植入式广告的含义、特征及分类。第二部分首先介绍了我国现行法律法规对影视剧作当中存在的植入式广告的规制情况,而后归纳总结出规制当中仍然存在的法律地位不明、责任认定不清、权利救济困难等一系列问题。第三部分介绍了典型域外国家影视植入式广告法律规制经验,归纳出对我国影视植入式广告的启示。第四部分将依据前三部分研究内容,以影视植入式广告本身特性、我国法律规制缺漏,结合国外成熟经验对我国影视植入式广告法律规制提出完善立法、细化责任认定、明确救济途径等切实可行的建议。文章的创新点在于,自2015年新《广告法》颁行实施之后,增加了关于广告代言人的概念和责任认定的相关规定,给影视作品广告植入行为的监管带来了一系列的新问题。针对这一新情况,笔者在考察新法的具体规定之后对以往研究进行了完善,并针对广告代言人责任的规定可能带来的责任认定不明、法律规避等问题进行了设想,提出在影视剧广告植入当中,若无法确定广告代言人,可视情况将影视作品制作方以其他组织的身份判定为责任主体等解决方案,从而为新《广告法》下影视植入式广告法律规制提供理论保障。
[Abstract]:Following the pace of the development of the times, the advertising industry has developed rapidly in the 21st century, especially in the 15 years since China entered the market, the development of the market economy has led to the continuous breakthrough of the advertising industry. As a rising star in advertising field, film and television implantable advertising develops rapidly and has obvious advantages, which becomes an important supplement to traditional advertising. Because of its short time, novel form, covert and complex, it has been paid attention by experts, scholars and even legislators, but it has not been regulated and regulated by relevant laws and regulations. This paper uses literature research, empirical research and inductive analysis to study the legal regulation of film and television placement advertising in four parts. The first part explains the background and significance of the selected topic, summarizes the current situation of literature research at home and abroad, and expounds the content, writing method and innovation of the article. At the same time, it introduces the meaning, characteristics and classification of film and television placement advertising. The second part first introduces the current laws and regulations of our country in the film and television drama in the existence of placement advertising regulation, and then summed up the existing legal status in the regulation is not clear, the responsibility is not clear. Rights relief difficulties and a series of problems. The third part introduces the experience of legal regulation of film and television placement advertising in typical foreign countries, and summarizes the enlightenment to film and television placement advertising in our country. The fourth part will be based on the first three parts of the research content, with the characteristics of film and television placement advertising itself, the absence of legal regulation in China, combined with the mature experience of foreign countries to improve the legal regulation of film and television placement advertising legislation, refine the responsibility to identify. Make clear the feasible suggestion such as relief way. The innovation of this paper lies in the fact that since the implementation of the new Advertising Law in 2015, the relevant regulations on the concept and responsibility of advertising spokesman have been added, which has brought a series of new problems to the supervision of advertising placement in film and television works. In view of this new situation, after investigating the specific provisions of the new law, the author perfects the previous studies, and proposes some problems such as the identification of the liability that may be brought about by the provisions of the responsibility of advertising spokesmen, the evasion of the law, and so on. It is proposed that in the process of advertising placement in film and television drama, if the advertising spokesman cannot be determined, the producer of the film and television works may be judged as the responsible subject in the identity of other organizations, depending on the situation, and so on. Thus provides the theoretical guarantee for the new advertisement law under the film and television placement type advertisement legal regulation.
【学位授予单位】：山西财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.294

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