Performance Accidents Frequent &Nbsp; Injured Actors How To Protect Rights

In 2007, the movie "one man's Olympics" caused the explosion point to explode earlier because of time error, and actor Guo Jiaming was injured from neck to face.

In 2008, the movie "Chibi" was hit by a fire that made a camp fire. It burned seven people on the spot.

In 2008, an accident happened when the TV drama "My regiment leader and my regiment" was filmed in Yunnan. Guo Yan, the leader of the Chinese pyrotechnics group, accidentally exploded while demonstrating the explosion point. Guo Yan was killed by a bullet in his chest and two assistants were seriously injured.

In 2009, the "sorghum red" drama group shot a run in the fire. It was supposed to explode after the actor Wang Ting ran away, but he accidentally exploded at the moment he crossed the explosion point, causing Wang Ting to burn two degrees deep in his arms and face two degree burns. Another actor Zhu Yawen was burned by his hands.

In 2009, when the movie "Jinyi Wei" was shot, it was supposed to take five or six seconds after the actor Wu Chun shot out, but Wu Chun didn't shoot in advance for less than two seconds. It almost caused Wu Chun's blindness.

Large dangerous scenes are rarely reported.

The frequent accidents have exposed serious problems in the safety management of film and television shooting industry: most of the drama groups are temporarily formed. Lighting technicians, pyrotechnic teachers, special effects technicians, Wushu doubles and mass actors are temporary workers. The safety personnel are very scarce, and there are few mature and perfect actors' safety guarantee system, and the safety measures are seriously inadequate.

Taking the industry as the highest level of safety in the shooting drama, for example, the qualification of pyrotechnic teachers has become an important factor for frequent accidents. In addition, the crew has made progress to reduce the protections of actors, reduce the degree of protection for actors and so on.

If a film and TV play involves dangerous scenes, such as fireworks and explosions, it should be reported to the local public security bureau and the Safety Supervision Bureau before the film crew starts filming. The Security Supervision Bureau and the Public Security Bureau send professional and technical personnel to the studio to check relevant equipment, dangerous goods storage conditions and professional technicians' qualifications. But in fact, few groups have reported to any department before shooting large dangerous scenes.

Are labor relations or labor relations between the two sides?

A drama group has various roles, actors, directors, lights, producers, etc. producers are producers and managers of film and television productions. They are the masters of a film, and decide to take all the affairs of the film, including what scripts to invest in shooting, hire directors, photographers, actors, and examine the funding for shooting. Actors provide labor for producers and producers pay remuneration.

Is the labor relationship or labor relationship between actors and producers?

Labor relations refer to workers who join a certain employer, undertake certain tasks and tasks, obey the labor rules and other rules and regulations within the unit, and employ units to pay labor remuneration according to the quantity and quality of labor. Labor relations are the agreement between parties concerned on the basis of equal consultation.

According to the above characteristics, we can see that the relationship formed between actors and producers should be labor relations and be adjusted by civil laws and regulations, contract law and other civil laws and regulations. The eleventh interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of compensation for personal injury is stipulated in the article: "an employee should be liable for compensation if he suffers personal injury in his employment activities. If the third party outside the employment relationship causes personal injury to the employee, the compensation holder may request the third party to bear the liability for compensation or the employer to bear the liability for compensation. After undertaking the liability of compensation, the employer can recover the claim from the third party. If the employer or the subcontractor knows or should know that the employer who has accepted the contract or sub contracted business has no corresponding qualifications or conditions of production safety, he or she shall be jointly and severally liable with the employer.

The thirty-fifth provision of the tort liability law of the People's Republic of China stipulates: "a labor relationship between individuals is formed, and one party who provides the labor service damages others, and the receiving party shall be liable for tort. If a party providing labor services is injured by labor services, it shall bear corresponding responsibilities according to their respective fault. " According to the above provisions, the producer shall be responsible for the actor's casualty caused during the shooting.

How about the injured actor? Advocating rights

How should the actor be claimed for his personal injury? The sixth provision of the tort liability law of the People's Republic of China stipulates: "the perpetrator shall bear tort liability for infringing upon the civil rights and interests of others because of his fault. In accordance with the law, it is presumed that the perpetrator is at fault and the actor can not prove that he has no fault. He shall bear tort liability. " The seventh provision states: "if a perpetrator damages another's civil rights and interests, whether the actor is guilty or not, the law stipulates that he shall be liable for infringement, in accordance with the provisions."

The 122nd provision of the contract law of the People's Republic of China stipulates: "because a party's breach of contract infringes upon the personal and property rights and interests of the other party, the injured party shall have the right to choose to bear the liability for breach of contract in accordance with this law or to bear tort liability in accordance with other laws."

Therefore, actors who are injured during the shooting may choose the right to claim tort liability or breach of contract according to tort liability law or contract law.

A judge's hint

If we advocate tort liability, according to the sixteenth provision of the tort liability act of the People's Republic of China, "Whoever infringes upon others causing personal injury shall compensate for the reasonable expenses for medical treatment, rehabilitation and spanportation expenses for medical treatment and rehabilitation, as well as the income which is reduced due to loss of time." Those who cause disability should also compensate for disability life assistance and disability compensation. Where death is caused, funeral expenses and death compensation shall also be paid. " Due to the special nature of the actor's work, the calculation of the loss of work time is also very special. If a face injury or disfigurement is encountered, it can not be performed for several years or even for life. Therefore, a reasonable amount of compensation should be calculated according to the actual situation.

It is impossible to insulate actors from filming, but sound safeguards and adequate protection can minimize risks. Before filming, the actor should inspect the security measures and the professional degree of the team, and try to refuse the drama group which is in disorder and has a bad security mechanism. When signing a contract, the two parties should make detailed stipulations in the articles to make a clear and detailed agreement on the degree of danger, such as the dangerous scenes such as explosions and operas, the extent of injury and injury to the body, who will buy insurance, and the types of insurance.