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China Will Speed Up Legislation To Ensure Cultural Safety.

2011/11/3 10:47:00 25

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China Speeds Up Legislation To Guarantee Cultural Safety

There is still a problem in cultural legislation. Experts need to break the bottleneck of legal system.

The main problems in current cultural legislation include law.

statute

It is not perfect, there are many blind spots in legislation, some areas still have "no way to follow", some laws and regulations conflict with each other, lack of necessary systematicness, some laws and regulations lack proper tightness, and cause difficulties to practical operation.

With the promulgation of the CPC Central Committee's decision on deepening the reform of the cultural system, a new round of culture

system

The curtain of reform was officially opened.

As has been said in the decision, "our party has always attached great importance to the use of culture to lead the way forward, to unite the struggle force, to unite and lead the people of all ethnic groups throughout the country to continuously promote the development of the party and people's cause with the new awakening of ideology and culture, new achievements in theory and new achievements in cultural construction, and cultural work has played an irreplaceable role in every historical period of revolution, construction and reform."

Throughout the course of cultural development over a period of time, the cultural field has been achieving fruitful results.

legal system

The bottleneck of building weakness is becoming increasingly prominent.

Weak cultural legal system

After repeatedly affirming that the reporter was not a bookseller sent to collect evidence, he finally agreed to tell reporters about his cheating experience.

Han, who is 38 years old, has written a long documentary novel entitled "encounter fraud" after consulting a book about the promise that he had promised to publish the book.

"The direct economic losses he caused to me amounted to more than 80 thousand yuan."

"I read the book manager's office," he said. "There is nothing but a brown desk and a brown bookcase on the wall."

As soon as I go in, I really don't know what the so-called cultural company is doing.

"Legal Daily" reporter learned that Han's experience was encountered by many Internet writers.

Because of the lack of rules of the game, the current private publishing industry has left a good impression on people.

According to Dan Fei, a senior publisher in China, there are mainly 4 kinds of tricks for illegal booksellers to harm authors' interests.

"The first is the contract of the overlord."

Dan Fei said that booksellers, through the trap of manufacturing contracts, put the author in a contract, and from the production to the royalty payment, made the author suffer hardships, but he could not solve the contract because he had a contract.

"The second is the arrears of contributions.

In order to sign in the author's next set of books, some booksellers have been dragging their contributions away, and there are still no plans to give them.

Dan Fei said that the third "trick" was to go bankrupt.

After signing the contract, because the bookseller did not want to publish his own reasons, he chose to go bankrupt and then change his vest to set up a new company.

"Another trick is to hide the print number.

Some books and business newspapers have a large gap between the print number and the actual print number of the author, which has become the underlying rule of the industry.

Said Dan Fei.

Weng Lei, a lawyer who has represented a large number of illegal publishing cases, said that the root of such problems lies in "weak legal system in publishing industry".

"At present, in publishing legislation, it is mostly the voice of publishing administrative organs and judicial organs, sometimes referring to the opinions of scholars.

The voice of the publishers and users of the publications is not reflected in the legislation.

Reporters learned that the CPPCC held a special consultative meeting on "deepening cultural restructuring and developing cultural undertakings and cultural industries" in Beijing recently. CPPCC members made an in-depth analysis of the weakness of legislation in the cultural field.

Shi Dongpo, vice president of the Law School of Peking University, told the "Legal Daily" reporter that China's cultural legislation is receiving unprecedented attention and attention.

But historically, the development of cultural legislation has lagged behind.

Shi Dongpo believes that there are three main weaknesses in cultural legislation.

"First of all, the concept of legislation needs to be updated.

We should further emphasize that cultural legislation is essentially safeguarding, safeguarding, promoting and realizing the cultural rights of our citizens and the Chinese nation. Further clarifying the importance of cultural heritage, innovation and development and dissemination is an indispensable part of national obligations and responsibilities of government departments. We should recognize the guiding nature and the spontaneity of cultural development and the guidance and consciousness of cultural promotion, and we should actively and cautiously play the proper functions of cultural administration, and fully understand the proper functions of legislation in protecting the development of cultural industries.

Shi Dongpo said that the second weakness lies in the urgent need to eliminate legislative gaps.

For example, the legal system of cultural public service facilities is still missing. The legal status of public cultural service facilities such as libraries and cultural centers, and the legal mechanism for their maintenance and operation need to be improved.

In addition, there are still deficiencies in the legislation of network supervision in the emerging media and cyberspace.

The third aspect of weakness lies in the imbalance of the legislative structure.

In the process of coordinated development of legislation, the development of cultural legislation is relatively slow, and it needs to catch up with social legislation and economic legislation.

In addition, in the existing cultural and legal normative documents, the level of effectiveness is relatively low, while the relatively superior law is in a state of deficiency.

Moreover, the importance, speed and quality of cultural legislation in different places are also inconsistent. Special legislation for cultural industry needs to be explored.

Shi Dongpo said.

Wang Yonghao, a doctor of social economy and culture research center of Peking University, also believes that the main problems of current cultural legislation include: "laws and regulations are not perfect, there are many blind spots in legislation. There are still some areas where there is no way to follow." the laws and regulations are at a low level, and many important laws closely related to cultural construction are still blank; some laws and regulations are in conflict with each other; there are many political and administrative systems lacking necessary systematicness; some laws and regulations lack proper rigor and cause difficulties in practical operation.

"Cultural legislation is a necessary social condition for cultural development, prosperity and innovation. It is a basic institutional guarantee for maintaining cultural heritage and cultural exchanges, and an integral part of the socialist legal system.

Therefore, on the basis of the relative concentration of economic legislation in the past, we should pay more attention to the echoing and convergence between cultural legislation and economic legislation, social legislation and administrative legislation.

Shi Dongpo said.

Local experience to resolve difficulties in legislation

Experts believe that the weakness of cultural legislation is closely related to many difficulties in legislation.

"Cultural products as spiritual products, cultural legislation related to the basic rights of citizens, are faced with different cultural values in the setting of rights and obligations, especially in the era of cultural diversity and cultural exchange. Therefore, the price guidance of cultural legislation and the consensus of objective choice are far from being replaced by its important degree.

This is a major difficulty. "

Shi Dongpo said, in addition, the current cultural system reform is deepening, the mode and mechanism of cultural administration has not been completely finalized, and the comprehensive means of cultural supervision and its coordination and effectiveness are not mature enough.

Therefore, from the perspective of legislation, the realistic foundation of cultural legislation needs to be consolidated.

"The difficulty of legislation is also reflected in the support conditions for the development of cultural industries under market economy, and the relationship between the legal environment involved in general market supervision and some legal problems that may arise in the context of WTO, which may restrict the process of cultural industry legislation to a certain extent."

Shi Dongpo said, in addition, the imbalance in the development of cultural undertakings and cultural industries all over the country makes it possible for the timely and pertinence of legal supply at the level of national legislation to be affected.

The reporter of the Legal Daily learned that although there are still some difficulties in the current cultural legislation, all over the country has been actively exploring the practice of cultural legislation in recent years, and has created many advanced experiences.

According to Shi Dongpo, Yunnan Province promulgated the first local regulation on the protection of ethnic and folk culture in Yunnan, the regulations on the protection of ethnic and traditional folk culture in China.

The Ordinance tries to establish the scope, field and type of ethnic folk culture protection, and generalizes the "traditional folk culture" that needs other protection.

It also made clear the protection obligations and relief measures of the government departments, and played a leading role in deepening and solidifying the new cultural management mechanism, especially the guarantee mechanism for public cultural services.

In addition, Zhejiang province has also formulated the regulations on the protection of the folk culture of the Jingning Ethnic Minority Autonomous County, which stipulates that the education administrative departments of the Autonomous County should incorporate the traditional culture and folk culture of the She nationality into local courses, ethnic schools, and she Autonomous County Radio and television stations.

This regulation enriches and develops the connotation of cultural administrative responsibilities of government departments and measures for their implementation. It has accumulated experience for exploring the cultural management and service system of local governments at county level.

"Local legislation and the legislation of regional ethnic autonomy are an important part of China's legislative system.

In accordance with the guiding ideology of "Central Committee and local" two initiatives ", and in line with the principle of" no contradiction ", plus the pilot in the legislation of special economic zones, local culture legislation has made important progress and useful experience.

Shi Dongpo said.

Speeding up legislation to guarantee cultural safety

It is understood that the decision of the CPC Central Committee on deepening the reform of the cultural system clearly proposed that we should speed up cultural legislation, formulate and improve laws and regulations on public cultural service guarantee, cultural industry revitalization, and cultural market management, so as to raise the level of legalization of cultural construction.

"In the current period, we must recognize the importance and urgency of strengthening cultural legislation, and gradually increase the party's cultural policy through law procedures to laws and regulations. We must promptly formulate and improve a number of laws and regulations that are closely related to cultural development and development, and recognize that the formulation and improvement of cultural laws and regulations is an arduous and complex systematic project. We must follow the scientific legislative principles to promote and perfect it step by step."

Wang Yonghao said.

Shi Dongpo believes that the most important principle in cultural legislation is the principle of cultural sovereignty, that is to say, to ensure cultural safety.

"At present, some unhealthy or even reactionary cultures abroad have penetrated and invaded through various forms. Foreign cultural products, cultural capital and cultural values have seriously impacted China's relatively weak cultural industry and its changing cultural form.

Therefore, we must take a clear-cut stand of cultural sovereignty and guarantee cultural security.

Shi Dongpo said that the essence of cultural security is the stability of the national and national cultural sovereignty.

Safeguarding cultural security means protecting, inheriting and enhancing the integrity, uniqueness and fresh activity of the Chinese nation's cultural resources.

An important function and goal of cultural legislation is to maintain and enhance cultural security and cultural sovereignty that are consistent with cultural prosperity and cultural exchanges.

In addition, Shi Dongpo also believes that cultural legislation in the coming period should make concrete efforts from the following aspects:

Organically combining cultural legislation with people's livelihood legislation and social legislation, actively promoting the legislation of public cultural service guarantee, and carrying out legislative research work on the supply and operation of public cultural service facilities on the basis of the existing law of cultural relics protection, copyright law and intangible cultural heritage protection law, and speeding up its legislative process.

We should institutionalize, standardize and legalize the successful experience and beneficial practices of the reform of cultural management system, and accelerate the abolishment, reform and establishment of laws and regulations for the construction and management of government culture.

Try to carry out the prophase work of the cultural industry to revitalize the support legislative project, grasp the key links of investment, credit, tax, research and development, and provide the legal support for the enterprises with advanced cultural industry concept and technology integration advantage.

More attention should be paid to giving play to the enthusiasm and creativity of local legislation, including regional ethnic autonomy, in cultural legislation, so as to directly enhance the vitality and charm of national culture, regional culture, intangible cultural heritage and folk culture.

"What we can not ignore is that we should pay attention to the educational function of the objective existence of the law, and focus on the ideological and moral education and legal education of the public servants and adolescents.

To this end, it is necessary and necessary to formulate, amend, perfect and refine civil servants' laws and educational laws, etc., and strengthen the legalization of administrative ethics, the legalization of professional ethics, and the propaganda and education of honest and clean government culture and credit society.

Shi Dongpo said.