中國에 있어서 演藝人 專屬매니지먼트契約의 法的 爭點

With the continuous economic development and market-based developing progress of entertainment industry in 21st century, the entertainer management industry in China is growing rapidly, while disputes around management contracts between management companies and entertainers also increasingly occurred. Most of the legal issues are focusing on legal nature and fairness of entertainer’s management contracts and furthermore, how to reduce legal disputes by contract normalization and ensuring its fairness. Therefore, this paper is not only to review the legal nature and fairness of entertainer’s management contracts, but also to discuss the feasible measures through which contract fairness is able to be achieved. Firstly, the point of view to see it as a mixed contract is seemingly more helpful to settle legal issues in practice, though there exist different views on the legal nature of contract, considering it as an agency contract or an employment contract. Secondly, regarding the fairness of contract contents, it is considered necessary to eliminate its unfairness by various ways, as unfair contracts are widely existing, which is possibly the main reason why many disputes between entertainers and their management companies happened. Additionally, in order to normalize entertainer’s exclusive management contract and to ensure fairness in contract contents so as to alleviate disputes, relevant legal system should be improved while relevant government departments’ supervision and administration as well as relevant associations’ self-regulation should be enhanced.