合规视野下真实案例影视化改编风险预防与对策

Risk Prevention and Countermeasures for Film and TV Adaptation of Real Cases from Compliance Perspective

真实案例改编过程存在对原型人物的民事侵权、对社会公众的不当影响以及对现有刑事司法体制的冲击与解构等风险。全面依法治国的时代背景也对法治题材影视剧创作提出了政治站位高、法律视角叙事、准入门槛高、创作周期长、过审压力大和更重质量等要求,迫切呼唤着法治理念和法治方式引入真实案例改编。可以法学中合规理念为依据,明确各方职责,并构建起党委领导、影视主管部门指导、政法机关协助支持、创作团队自我要求、行业自律、公众参与的改编模式,进一步规范法治题材影视剧创作。

The process of adapting real cases has civil,criminal and administrative legal risks that need to be removed.The comprehensive rule of law background of the times also proposes higher requirements for the creation of film and television dramas on the subject of the rule of law,urgently calling for the introduction of the concept of the rule of law thinking and the rule by law to end its wild growth and better play a role in serving the overall situation.The author of this paper attempts to clarify the responsibilities of all parties based on the concept of compliance in jurisprudence and tries to build an adaptation model led by the Party Committee,guided by film and television authorities,supported by political and legal organs,self-imposed by creative teams,self-regulated by the industry and participated by the public so as to further regulate film and TV creation with themes of rule of law.