How to compensate the art work?Shenzhen Court's judicial suggestions are recognized
Author:Golden sheep net Time:2022.08.03
Yangcheng Evening News reporter Li Yigo and correspondent Chen Xiaoyu report: Recently, the Shenzhen Municipal Intermediate People's Court received a reply from the Price of Market Management Department of the Ministry of Culture and Tourism and the Guangdong Provincial Development and Reform Commission. The judicial suggestions put forward in the case of art works were burned in huge infringement compensation.
It is reported that in August last year, the Longgang Court concluded a series of cases of infringement compensation caused by 392 art works caused by fire accidents. A total of 111 cases of civil compensation lawsuits.
During the trial series of cases, the Longgang Court found that there is currently no laws and regulations on the value of art works in my country. The value assessment of art works is not uniform, and the national standards, industry standards, or standardized documents are uniform. In the appraisal professional agency, domestic courts have not had similar civil compensation lawsuits for reference. Some plaintiffs and defendants appealed after the first instance of the case. In March of this year, the original judgment was maintained, and the judgment had been legal effect.
In April of this year, the Longgang Court fulfilled the responsibilities of judicial advice in accordance with the law, and asked the Shenzhen Intermediate Court to issue the "Judicial Suggestions" to the Price Center of the National Culture and Tourism Market Management Department and the Guangdong Provincial Development and Reform Commission of the Guangdong Provincial Development and Reform Commission, and made five suggestions. The first is to study policies and measures such as artistic creation, market transactions, exhibition collection, compulsory insurance and price preservation, intellectual property protection, industry supervision, etc., and draft relevant laws, administrative regulations and local government regulations, and local government regulations; Formulate departmental rules, standardized documents or management measures, implementation rules, standard guidelines, and quantitative standards and supervision specifications of industry management and law enforcement supervision in terms of value certification, price identification, evaluation and appraisal, etc. The third is to promote industry association development Relevant agencies' qualification certification, formulate the employment specifications of social professional institutions and their experts; fourth, establish and improve the comprehensive protection system for cultural and artistic value of legislation, administration, and judiciary; Publicity publicity.
The two departments unanimously stated that the proposal is of great significance to standardize the value evaluation of artwork and promote the healthy development of the market. It will step up related research on the establishment of art prices, promote the formulation of art appraisal evaluation standards, standardize the appraisal and evaluation of art, and effectively maintain the maintenance Consumers and art appraisal and evaluation agencies are legitimate rights and interests, while promoting the construction of the art industry, establishing industry self -discipline specifications, guiding industry integrity operations, and strengthening industry self -discipline.
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