影视作品审查中的公序良俗标准及其制度化探析

Study on Public Order and Good Custom Standard in Censorship of Films and Television Programs and Its Institutionalization

影视作品的公序良俗性审查,其正当性的根本源自版权在市场化实践中应负的社会义务。但目前零散的审查法律体系、过于细致的否定性审查规则等因素导致审查偏离产业实际与公众需求,陷入以少数人主观倾向替代整个社会判断的困境。应加快影视行业的产业政策改革,明确公序良俗审查的法律依据,在审查实践中形成、公开及修正实体与程序规则,构建多元审查主体与独立复审机构,加强对公众的沟通与宣传,从而促进公序良俗审查标准的制度化。

The legitimacy of the public order and good custom censorship on films and television programs results from the social responsibility of intellectual property in market practice. However, due to the fragmented legal framework, excessive trivial negatory rules, arbitrary and closed processes aim to intensify the constraint censorship＇s nominal deterrence and discretionary power, the censorship is based on a small number of people＇s wills instead of the whole social moral judges, which has been divorced from reality of the industry and public demands, disturbs the creation and spread of the films and television programs, damages the censorship＇s legitimacy and credibility. It is suggested to promote the industry policies reform of the competition, license, and classification of the film-television industry; clear the legal basis for the public order and good custom censorship; rectify the entity rules and procedural rules through the censorship practice and strengthen the industry and society＇s prospection to the censorship; construct multiple censors and independent re-censor institution and promote the censorship＇s representativeness and credibility; improve the communication and propagation to the public achieve social consensus. All of these can help to promote the public order and good custom censorship standard institutionalized.