On The Construction Of The Legal System Of Completion Insurance In The Financing Of China’s Film Industry

Financing plays an important role in the development of China’s film industry.There are some deficiencies in the existing film financing methods in China.This paper will explore the historical development,operation mode and advantages of Hollywood completion insurance system in the United States.Based on the financing practice of China’s film industry and the characteristics of the current system,this paper proposes the legal structure of completion insurance system in China.This paper intends to clarify the legal nature of the legal system of film completion insurance by referring to the legal system of film completion insurance in the United States,studying and analyzing the contractual relationship between the parties in the legal system of film completion insurance,and putting forward suggestions and measures to build the legal system of film completion insurance suitable for China’s film industry system and legal environment,so as to promote the long-term and healthy development of China’s film industry financing.In this paper,we think that the legal nature of completion insurance in China is more similar to guarantee insurance than guarantee,so it is called completion insurance in this paper.For producers,the completion insurance model is a financing way;for creditor banks,the completion insurance system is a risk prevention mechanism.This paper intends to study the legal mode of financing from the perspective of small and medium-sized film production enterprises.For small and medium-sized film production enterprises,the existing legal mode of financing has its own inevitable shortcomings,so the completion insurance system as a new financing mode came into being.This paper makes a detailed legal study of the insurance system of the completed insurance in a comparative way,and analyzes its legal characteristics and nature.After a comparative study of the legal system of the completed insurance with that of the guarantee system and the insurance system,this paper holds that the nature of the legal system of the completed insurance is most similar to that of the guarantee insurance.We can try to build the completed insurance system of our country with the structure of the guarantee insurance legal system as the framework.Specifically,this paper explores the legal structure of China’s completion insurance system in different aspects of the subject,performance,liability exemption,termination and compensation of the completion insurance contract.In the aspect of law application,the same or similar legal relations with guarantee contract and insurance contract are respectively applicable to guarantee law and insurance law.For the special problems of completion insurance system,corresponding judicial interpretation of contract law should be issued,and special provisions should be made for the special problems of completion insurance contract and loan contract in completion insurance system.