完善我国电影审查制度的探讨
发布时间：2018-12-27 07:39
【摘要】：电影是一门综合的现代艺术,它是艺术创作者通过视觉和听觉对自我言论的表达,随着社会发展,这门艺术已成为人们不可或缺的娱乐方式。我国现行的电影审查制度是电影获得公映的准入程序,这是一种典型的行政许可行为。电影审查的本质是一种公权力对表达自由的干预。每个国家所采用的电影监管手段也均不一样,这是因为每个国家和地区都有独特的经济环境、政治文化环境。在很长一段时间里,电影审查不失为国家对电影行业进行监管的有效手段之一。迈入新世纪后,新兴的网络媒体得到的空前发展。我国电影审查制度显得更加与时代格格不入。在学界和业界,电影审查制度的存与废、是否学习国外经验引入电影分级制度一直争议不断。而我国的审查制度确实存在诸多问题,最大的问题则是被行政机关干预过多,不能保障创作人的自由创作,进而也影响了整个电影行业的持续发展。本文从行政许可的角度切入,先梳理了电影审查一些基本概念后,然后通过对现行电影审查制度从审查主体、审查标准、审查程序三个方面的分析,得出现行的电影审查制度存在许多问题。通过比较美国、韩国、中国香港三个地区的电影审查制度,从中参考借鉴他们成熟有用的经验,例如引入行业自律的电影分级。比起审查制度,电影分级制最大的优势就是能保障了未成年人的观影需求,通过给每一部影片贴上标签,告诉未成年人可以和不可以观看哪些电影。一方面可以保护未成年在不受某些影片中色情暴力的影响,另一方面也满足了不同年纪的观影需求。我认为,现阶段电影审查制度不用完全废除,但要符合当今电影行业发展的客观规律,所以需要对现有的电影审查制度其中不合时宜的部分进行某些改革。本文对中国电影审查制度完善建设,不仅需要改革现行的审查制度,引入行业自律的分级制度,也需要政府构建一整套相对独立完整的电影行业法律体系。
[Abstract]:Film is a comprehensive modern art, it is the art creators through the visual and auditory expression of self-expression, with the development of society, this art has become an indispensable form of entertainment. The current film censorship system in China is the admission procedure for the film to be released, which is a typical administrative licensing act. The essence of film censorship is the interference of public power in freedom of expression. Every country uses different methods of film supervision, because each country and region have unique economic environment, political and cultural environment. For a long time, film censorship was one of the most effective ways for the state to regulate the film industry. After entering the new century, the new network media get unprecedented development. China's film censorship system is even more out of step with the times. In academia and industry, the existence and abolition of film censorship system, whether to learn from foreign experience to introduce film classification system has been controversial. However, there are many problems in the censorship system of our country, the biggest problem is that the administrative organs interfere too much, which can not guarantee the creators' freedom of creation, and then affect the sustainable development of the whole film industry. From the perspective of administrative licensing, this paper first combs some basic concepts of film censorship, and then analyzes the current film censorship system from three aspects: the subject, the standard and the procedure. It is concluded that there are many problems in the current film censorship system. By comparing the film censorship systems of the United States, South Korea and Hong Kong, China, we can learn from their mature and useful experiences, such as the introduction of industry self-discipline film classification. The biggest advantage of the film classification system over censorship is that it protects the needs of minors by labeling each film to tell them which movies they can and cannot watch. On the one hand, it protects minors from pornographic violence in certain films, on the other hand, it meets the needs of different ages. In my opinion, the current film censorship system should not be completely abolished, but in order to meet the objective law of the development of the film industry today, it is necessary to carry out some reforms to the outdated parts of the existing film censorship system. In this paper, we should not only reform the current censorship system and introduce the classification system of industry self-discipline, but also need the government to construct a relatively independent and complete legal system of film industry.
【学位授予单位】：华中科技大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.16
[Abstract]:Film is a comprehensive modern art, it is the art creators through the visual and auditory expression of self-expression, with the development of society, this art has become an indispensable form of entertainment. The current film censorship system in China is the admission procedure for the film to be released, which is a typical administrative licensing act. The essence of film censorship is the interference of public power in freedom of expression. Every country uses different methods of film supervision, because each country and region have unique economic environment, political and cultural environment. For a long time, film censorship was one of the most effective ways for the state to regulate the film industry. After entering the new century, the new network media get unprecedented development. China's film censorship system is even more out of step with the times. In academia and industry, the existence and abolition of film censorship system, whether to learn from foreign experience to introduce film classification system has been controversial. However, there are many problems in the censorship system of our country, the biggest problem is that the administrative organs interfere too much, which can not guarantee the creators' freedom of creation, and then affect the sustainable development of the whole film industry. From the perspective of administrative licensing, this paper first combs some basic concepts of film censorship, and then analyzes the current film censorship system from three aspects: the subject, the standard and the procedure. It is concluded that there are many problems in the current film censorship system. By comparing the film censorship systems of the United States, South Korea and Hong Kong, China, we can learn from their mature and useful experiences, such as the introduction of industry self-discipline film classification. The biggest advantage of the film classification system over censorship is that it protects the needs of minors by labeling each film to tell them which movies they can and cannot watch. On the one hand, it protects minors from pornographic violence in certain films, on the other hand, it meets the needs of different ages. In my opinion, the current film censorship system should not be completely abolished, but in order to meet the objective law of the development of the film industry today, it is necessary to carry out some reforms to the outdated parts of the existing film censorship system. In this paper, we should not only reform the current censorship system and introduce the classification system of industry self-discipline, but also need the government to construct a relatively independent and complete legal system of film industry.
【学位授予单位】：华中科技大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.16
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