On November 23, after the China Performing Arts Association Network Performance (Live Broadcast) Branch released the ninth batch of network anchor warning list, it caused widespread repercussions. But li Xuezheng, a well-known producer, questioned: Does the China Performance Industry Association have the right to punish entertainers and issue a "practitioner boycott" announcement?
On the 23rd, the Network Performance (Live Broadcast) Branch of the China Performance Industry Association released the ninth batch of network anchor warning list, including two professional anchors of "Tieshan", "Teacher Guo" and "Wu Yifan", "Zheng Shuang" and "Zhang Zhehan" three actors, 88 anchors will be boycotted and punished in the industry.
According to the announcement, "If the above-mentioned anchors included in the warning list have objections to the results, please submit a written appeal to the Secretariat of the Online Performance (Live Broadcast) Branch of the China Performance Industry Association within 10 working days." ”
As soon as the announcement came out, it immediately triggered a heated discussion. Many netizens expressed support for "boycotting bad artists", but also many netizens asked: How is the warning list produced? At the end of the announcement, it was emphasized that if someone was dissatisfied, he could go to the secretariat of the association to appeal, what was the process of appeal? Who will accept it? Who will supervise? Who will re-evaluate? Who's going to make the final decision... Li Xuezheng, a well-known producer, also questioned: Does the China Performance Industry Association have the right to punish entertainers and issue a "practitioner boycott" announcement?
What exactly is the organization of the China Performing Arts Association?
Recently, the China Performance Industry Association has frequently issued announcements.
The China Performance Industry Association initiates the industry ethics self-discipline review procedure in accordance with regulations. After synthesizing the comments of the ethics and self-discipline committee members of the Union, a number of entertainers were morally reprimanded for their illegal and immoral behavior, and in accordance with the provisions of the "Measures for the Administration of Self-Discipline of Entertainers in the Performance Industry" (hereinafter referred to as the "Measures"), member units were required to boycott their practice.
In accordance with the relevant notification requirements and the spirit of the meeting, in order to prevent the "shifting position" of bad artists from continuing to appear in the film for profit, guide practitioners to advocate virtue and art, curb the undesirable tendencies of the industry, and clarify the industry atmosphere, in accordance with the "Network Anchor Warning and Comeback Management Specifications", the Network Performance (Live Broadcast) Branch of the China Performance Industry Association organized the content review committee expert group to review, and after the joint meeting of the president discussed and approved, the ninth batch of network performance (live broadcast) industry anchors "warning list" was determined. (88 in total).
What type of organization is the China Performance Industry Association?

The China Performance Industry Association is a national first-class social organization under the supervision of the Ministry of Culture of the People's Republic of China, and is a national, industrial and non-profit social organization voluntarily formed by the main body of performance business and performance practitioners.
According to the conditions for membership of the China Performance Industry Association, all units engaged in performance-related industries within the territory of the People's Republic of China and have obtained a business license as an industrial and commercial legal person in accordance with the law can apply to join the China Performance Industry Association and become members. According to article 8 of the Articles of Association, all performing arts business entities and performing arts practitioners who support the Articles of Association and voluntarily pay membership fees may apply to become members of the Union.
The China Performance Industry Association Online Performance (Live Broadcasting) Branch was established on May 4, 2017.
Whether the China Performing Arts Association is eligible to issue a "practitioner boycott" announcement
What are the relevant laws and regulations for the deliberation results of the China Performing Arts Association?
According to Article 13 of the Articles of Association of the Association, a member who has any of the following circumstances shall be cancelled or suspended after discussion and approval by the Council or the Standing Council: (1) subject to national legal sanctions; (2) participation in illegal organizations; (3) serious violations of the Articles of Association; (4) serious violations of the industry self-discipline code of conduct.
Article 17 of the Measures for the Administration of Self-Discipline in the Practice of Performing Artists in the Performing Arts Industry stipulates that if the Ethics Construction Committee discovers that entertainers are suspected of violating professional norms, it shall collect information from administrative departments, industry organizations, member units and other third-party channels, and after evaluating the defense materials provided by entertainers and their subordinate units, put forward specific handling opinions, and submit them to the Ministry of Culture and Tourism after deliberation and approval by the China Performance Industry Association, and notify relevant units and individuals in writing.
Are the persons on the public list members of the association, and are their units members? If you are not a member, does the association have no right to issue a boycott to individuals and units that have not entered the membership?
If violations of the industry's self-regulatory code of conduct are boycotted, what are the contents of the industry's self-regulatory code of conduct that violate? Will it be submitted to the Ministry of Culture and Tourism after the deliberation and approval of the China Performing Arts Association? Is the China Performing Arts Association eligible to issue a "practitioner boycott" announcement?
This problem has caused a lot of discussion in the industry, because whether it is a film and television actor or a live broadcast host, once it enters the warning list, it means "unemployment".
According to the types of administrative penalties in Chapter II of the Administrative Punishment Law of the People's Republic of China and the setting of Article 9, Item 4, "Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, and restricting employment", it may be determined that "restricting employment" is one of the methods of administrative punishment.
According to Articles 17 to 21 of the Administrative Punishment Law of the People's Republic of China, Chapter III of the Administrative Punishment Law of the People's Republic of China, if the association is not entrusted or authorized by the relevant administrative organ, the association has no right to organize and implement administrative punishment.
According to the public information on the official website of the association, the public power of attorney or authorization documents of the association and any other administrative organs have not been queried.
According to the Articles of Association of China Performing Industry Association (voted and approved by the 7th General Assembly on October 25, 2016), the business scope of the group has the following ten points:
(1) Publicizing performance regulations and policies;
(2) Organize market research in the performance industry, provide industry suggestions to government departments, and reflect industry problems
(3) Organizing training activities and conducting qualification determinations for performing practitioners as entrusted by the government;
(4) Carry out and actively participate in the formulation and promotion of technical and service standardization in the performance industry in accordance with relevant provisions and upon approval, and organize performance industry appraisal activities;
(5) Formulate industry self-discipline norms to mediate disputes arising from performance activities among members;
(6) Carry out legal consulting services to safeguard the legitimate rights and interests of members;
(7) With the approval of relevant government departments or according to the needs of the industry and the market, hold performance fairs and business meetings, and organize performance practitioners to carry out business exchanges, theoretical discussions, and project promotion activities;
(8) Organizing international and domestic performance industry exchange activities;
(9) In accordance with relevant regulations, edit the journal, establish a website, and provide information services for members;
(10) Accept other work entrusted by the government.
According to the articles of association, issuing a "boycott announcement" is not within the scope of the association's business.
The disciplinary measures for bad artists are not only the desire of the public, but also the needs of the industry. But before the state has officially promulgated the relevant laws and policies, is it only possible to punish members within the association through the internal constitution of the association? And can industry associations carry out punitive acts?
Any act of a punitive nature must have a legal basis, even if it is enforced by a government department, it cannot be enforced without a clear and specific legal provision.
Li Xuezheng said that the economic value of commercial activities such as online live broadcasting or artist performances is very large, and in order to achieve the purpose of being able to get out of the warning list, various resources and means will be used to work hard, and who will supervise this process must have a set of charters. Otherwise, this new type of power implementation can easily be broken by another unspoken rule, and the relevant departments should pay attention to it before they occur.
Strictly requiring the moral norms of artists and severely punishing artists with bad deeds is the demand of public opinion and the requirement of the times.
The positive response of relevant industry associations to serious handling is a strong manifestation of their responsibilities and deserves support. However, both punishment and punishment should have a set of strict scientific, fair and just procedural requirements, and must also be supported and recognized by relevant laws and policies.
Society and all industry personnel have the right to know a range of issues and questions in the program. Otherwise, there must be a lack of fair and just punitive effects.