Rule of Law Daily: bring the governance of sky-high price into the track of the rule of law

![article published in Rule of Law Daily] (article published in https://n.sinaimg.cn/ent/transform/731/w550h181/20220902/6f16-89b566693ead57200a77fe6014b47d2a.jpg) "Rule of Law Daily"

Source: rule of Law Daily

Recently, the State Administration of Radio, Television and Television drafted the regulations on the production and Management of Radio, Television and Network Audio-visual programs (draft for soliciting opinions). On the issue of film remuneration management, it is clearly stipulated that organizations engaged in program production and business activities should reasonably determine the proportion of program production costs and the amount of film remuneration for the creators, and strive to improve the quality of the program. To form a salary structure system in which the film remuneration of the creators is linked to the social and economic benefits of the program.

It should be said that such a provision, at the level of administrative norms, plays a very important role in further optimizing the salary system of radio, film and television practitioners in the future, and plays a guiding role in guiding the governance of sky-high film pay at the legislative level.

Where is the basis for managing sky-high film remuneration? From the logical examination of the market, on the surface, the issue of film remuneration seems to be a pure market problem, but because the producers need to pay sky-high remuneration for entertainers, under the condition that the total scope of investment remains unchanged, it will inevitably lead to cost reduction of program production and line scripts. Over time, it will have a serious adverse impact on the cultural quality of cultural products and film and television works under the socialist market economy. In addition to entertainment, cultural products, film and television works also play a very important role in educating people at the cultural level in daily social life.

If the "visible hand" of supervision does not interfere with sky-high film remuneration and allows disorderly competition in the market, then serious problems such as low cultural quality of film and television works caused by sky-high prices, excessive pursuit of flow and contempt for ideology, are bound to affect the spiritual quality of the whole Chinese cultural market and the aesthetic and values of the people. The issue of film remuneration is by no means a pure market issue. Behind the economic phenomenon, there is a deep cultural impact.

How should the Management regulations play a better role? After the promulgation of the "Administrative regulations", the issue of sky-high film remuneration for stars will be effectively alleviated to a certain extent based on the respect for administrative supervision. However, how to fundamentally solve the problem of stars' sky-high pay still needs the further efforts of the whole society.

The issue of star pay is essentially a matter of freedom of contract between the parties. The conclusion and observance of the civil contract is the autonomy of the parties themselves, without legal procedures and legal reasons, it is difficult for the subjects other than the parties to the contract to interfere with the contracting rights of the parties to the contract.

In fact, from the perspective of public interest, the promulgation of "Management regulations" provides a legal basis for the evaluation of the effectiveness of contracts involving film remuneration. In judicial practice, on the issue of stars' sky-high film remuneration, based on the clear norms and guidelines of administrative organs on this issue, the people's court can, according to the above provisions, on the grounds that sky-high film remuneration violates the public interest, carry out judicial regulation on the price of the contract, so that the concept in the "management provisions" can be implemented through individual cases and through judicial cases. On the one hand, the relevant practitioners will be urged to be more conscious when signing a contract on the basis of respect for the "management regulations". On the other hand, through the magnifying effect of public opinion in individual cases, the parties concerned will be forced to attach great importance to the issue of sky-high prices.

What needs to be noted in particular is that the Management regulations are still at the level of principles, especially the evaluation of the social benefits of the program, with a certain subjective color. In the process of cultural law enforcement and judicature, if there is no further detailed regulations and mechanisms, it is easy to make it difficult for all parties and relevant practitioners to grasp the spiritual essence of the relevant provisions. In this case, we hope to take the introduction of the "Management regulations" as an opportunity to further refine the provisions of principle to be more objective and operable. And when necessary, introduce objective and neutral third-party evaluation to make a relatively accurate evaluation of the social benefits of works involving sky-high prices, so as to give administrative law enforcement and judicial trials a relatively objective evaluation yardstick and reference standards.

Of course, any law enforcement and judicial activities, in the specific work of the law enforcement subject, are bound to face the problem of subjective value judgment, so the difficulty of subjective judgment in principle should not be criticized. Because from the absence of norms to the existence of norms itself is a great progress, we should see and affirm this great progress. On the issue of how to make the system more scientific and operational, we should examine it with a scientific and pragmatic attitude, leaving time for the public and relevant market subjects to observe, experience and apply. In this process, combined with the problems exposed in the governance of sky-high prices, the relevant legislation will be further scientific and standardized.

In a word, the promulgation of "Management regulations" is of great legal and practical significance in the context of promoting common prosperity. Because the reflection of the parties concerned on the entire social salary system and income gap caused by sky-high prices has gone beyond the economic problem itself, and has become a general concern of the society. The abnormally high income of some entertainers caused by sky-high prices has promoted the whole society's excessive concern about entertainers, and also had a negative impact on the values of young people. In this context, the legislative attempt of the State Administration of Radio and Television shows that the state organs have a high sensitivity and strong responsibility for social governance, which should be affirmed.

We also hope that through the state's governance of sky-high film pay, the whole society can treat the performing arts professional group more rationally and peacefully. The professional group of performing arts, based on its high exposure and high visibility, has huge commercial value, and its income is moderately higher than that of ordinary people is normal and reasonable. However, the systematic unfairness caused by abnormally high income has become a prominent problem of social governance today. How to find the maximum balance in the value measurement of pure market logic and social justice logic? This is a question that tests us.

We are glad that solid progress has been made on this issue. We also hope that in the future, there will be specific micro-governance rules for sky-high film remuneration, and judicial organs can also evaluate the rationality of film remuneration in individual cases through specific case review and judgment, and through the evidence and cross-examination of relevant parties. Let the governance of sky-high price pay move towards the track of the rule of law in an all-round way.

(the writer is the Executive Deputy Secretary-General of the theoretical Research Branch of the China Behavioral Law Society) (Tang Xinghua)