□ Zhang to China
Following the publication of the national operating unit system, the CPC Central Committee and State Council has issued a "non-political newspapers on Deepening the Reform of the publishing unit of opinions", the national newspapers and more than 6,000 non-political reform into enterprises formally start. However, the resulting a new problem: in the cause within the system, as the responsible editor of the second, to companies within the system, find their place. Because the "Company Law", only the chairman and general manager of the setting. This is the publishing unit operating and non-political newspapers into enterprises and the subsequent development of a critical issue facing the urgent need to study and solve.
"Company Law" editor post missing
For a long time, our institutions more complete management system, enterprise management system with a planned economy to a market economy has gradually established and improved. However, in our press and publishing industry, the publishing unit operating management to business management from the business just a few years ago, the new system construction and management system is lagging behind. According to the spirit of the central press and publishing system, whether it is publishing unit operating system, or non-political newspaper publishing unit system, ultimately to the administrative department for industry and commerce according to the "Company Law" registered as a company, not only that, into enterprises After the press and publication units also based on "Company Law" and "Articles of Association" to establish and improve the corporate governance structure, to carry out business activities. However, the current "Law" does not exactly fit into enterprises in China's press and publishing enterprises. The lack of job settings editor is a very prominent example.
Over the years, editor in chief position has been published in the management of our system are an important job. As the main person in charge of publishing units, one editor at the publishing unit of collective leadership, under the leadership responsible for publishing-oriented implementation of the publishing system to ensure content quality publications, training editors, etc., in the business bears the primary responsibility. However, in recent years, with the publishing units into enterprises, social status and role of the editor had a different understanding of some units, there has been editor in chief positions diluted, weakened, marginalization, lack of orientation, some units in the discussions on the reform of the program, simply copy the material manufacturer's corporate governance structure, or even abolish the post of editor in chief of settings.
"Press into enterprises after the 'three no change', determines the status and functions of the editor can not be weakened." Gui Xiaofeng Chinese Society editor in December 2009 at the "Press into enterprises after Editor Work Forum, "pointed out: first, the publishing industry is the nature of the content industry has not changed; second, publishing units in the two benefits combined must give priority to social principles have not changed; third, edit work is part of the publishing center position has not changed. In addition, there are "three variables," and editor in chief decided the work must also be strengthened: first, in the stage of building a moderately prosperous society, compared to adequate food and clothing and to solve basic problems off stage, people's spiritual and cultural needs of the greatly increased a; Secondly, the international situation, the publishing unit of a new pattern of competition for the national cultural masterpiece contribution requirements increased; Third, the market economy conditions, publishers and publishing part of the team increases the risk of unscrupulous people, editor of the functions of some units appear to be weakening, dilution, a tendency to marginalize the issue is linked with. Deputy Director of Press and Publication Administration Wu Shulin, the forum also stressed into enterprises more important after the editor's position, rather than optional; for more demanding editor, not to weaken; total Edit greater responsibility, rather than reduced. Editor to the times, to assume the power shift from the publication of power to a published historical responsibility.
Gui Xiaofeng Wu Shulin and the views are brilliant, highly affirmed the post editor into enterprises the status and role. But whether it is completed into enterprises of commercial publishers, or at the time of non-political newspaper publishing unit, they turn the main basis for enterprise restructuring and enterprise development after transfer of the "Charter" or "Articles of Association," the blueprint , are the "Law." In the current "Company Law", the "editor" in the name can not be found. In fact, not just the "Company Law", so far, in our current involving the introduction of all enterprises or corporate law, are difficult to find the "editor" and the words "cultural enterprise" or "press and publishing companies," the relevant requirements.
Into enterprises more important after the post editor
March 11, 2011 Press and Publication Administration issued a "Circular on Further Strengthening publishers editor comments on the work." (Hereinafter referred to as "Opinion") that: "According to the central system of general requirements on the cultural, commercial publishers will be completed conversion task, its future development will face many new demands and new tasks, but as a cultural enterprise of China's socialist and content producers, property will not change its ideology. After publishing unit conversion, editor of the publishing unit is not lack of jobs, their status is more important, greater responsibility, should be chairman of the publishing unit (director), editor in chief , followed by general manager with a major cadres. "" opinion "clearly calls for, whether it is into enterprises became the business publishing unit, or continue to implement the business system, publishers, editor in chief positions must be set. Editor in chief of an administrative position, responsible for the publication of the second unit, responsible for operations leadership. Small and medium sized publishers can meet the conditions of employment of the president serve as editor in chief editor, editor in chief of the exercise of responsibilities. In the editor under the posts should be set according to the size of a full-time or part-time publication of deputy editor position, and set the editing business, led by editor in chief editor of the formation of the system operations, under the leadership of editor in chief to protect the smooth operations of the editorial . "Opinions" stressed "in the new situation, to further strengthen the work of editor, the contents of the good quality of publications, for the publishers insist on the right direction for the development and prosperity of socialist culture, national cultural soft power to enhance, are of great significance. "
"Opinions" on the current national press and publishing units into enterprises with normative and binding sense, but it belongs to departmental regulations, only in the sector within the purview of an effective, once the "Company Law" in some respects, inconsistent or conflicts occur, According to "Legislation Law", "the Constitution is above the law, the law is higher than regulations, laws and regulations than regulations," the spirit, "comments" must obey the "Law." In this sense, "opinion" of the original cause of press and publication units within the system has the undisputed normative, but the conversion after the press and publishing companies, especially joint-stock company of Press and Publication, will be greatly reduced its normative . Because, "Company Law" applies to all enterprises established in China, in theory, journalism, publishing companies are no exception.
Speed up the revision and improvement of corporate law and regulations published
At present, the reform of China's press and publishing industry is still in the exploratory stage, a number of laws and regulations that there is no convergence or imperfections are normal. However, with the continued advance of reform to speed up amendments to improve and develop the relevant laws and regulations, forming into enterprises for press and publishing company after the legal system becomes more urgent. To this end, I think we should focus on the following six areas:
1 press and publication units into enterprises to industrial and commercial administrative departments registered company, not just on "Company Law", but also based on "Regulations on Publication Administration." "Regulations on Publication Administration" is all in our country and start-up publishing company publishing activities of the most authoritative and most comprehensive legal basis. Ignore the "Regulations on Publication Administration", is based on "Company Law" transformed into enterprises, it is easy to confuse the press and publishing companies in general business, affect the future development.
(2) accelerate the development and introduction of "Regulations on Publication Administration" rules, in particular, to "engage in publishing activities, shall give priority to social, to achieve social and economic benefits of the combination," "publishers to implement the responsibility system edit" and " countries engaged in the publishing unit of professional and technical staff publishing the implementation of vocational qualification system "and other terms detailed explanation will" further strengthen the publishing editor comments on the work unit "," editor in chief of the press club president (editor) worked the conditions of the "spirit of such written rules.
3. To develop press and publishing companies' articles of association "model. China's "Law" states: "the establishment of the company articles of association must be legally established company articles of association of the company, shareholders, directors, supervisors and senior management personnel and binding." "Articles of Association" is the most basic conditions for companies to set up and the most important legal documents, the foundation is established, but also the company's survival and development of the soul, known as "the company's charter." But the current "Articles of Association" with the current model of "company law", as not entirely suitable for press and publishing enterprises. Therefore, we should adapt to the new situation, according to the "Law" "Regulations on Publication Administration" and other relevant provisions and the "CPC Central Committee and State Council on deepening the reform of cultural system of a number of opinions" and "further strengthen the publishing editor comments on the work unit." so the spirit, the development of press and publishing companies' articles of association "model, to regulate the press and publication units into enterprises and joint-stock reform.
4 Amendment "on the press club president editor (editor) conditions of employment" and the "job training on the implementation of the publishing industry to carry out the provisions of licensing system", "news publishing industry leadership positions certificates Implementation Measures" and other regulations . After conversion, a large number of press and publication units in accordance with "Company Law" to establish corporate governance structure, the formation of a new senior management structure. This is not just title changes, and substantive change is the inherent requirement into enterprises. Such as chairman, "Company Law" and "Articles of Association" are the important duties of this position and terms of reference made it clear that, with the original business unit director positions with the essential difference. Unfortunately, some of the publishing company after the conversion to be confused with the former president, chairman, followed the former president of the new enterprise management system, resulting into enterprises in this era of change, saying the cause of new enterprises have missed the new development opportunities.
5. Strict examination of Press and Publication, CEO and editor in chief and general manager of the qualification. Matching leadership team directly determines our press and publication industry into enterprises of the success or failure. It is therefore recommended to the current non-political newspaper publishing units to apply into enterprises, the press and publication administration department should increase its chairman, chief editor and general manager qualification examination and approval. Undoubtedly, the need to strengthen and expand the capital into the news publishing industry; it is undeniable that corporate management has a general rule, some very intelligent entrepreneurs, both to manage material production enterprises, but also a good idea to pipe manufacturing companies; but the production of material goods business management products and production thinking is also an objective of business management strengths and weaknesses exist. Industry specializing in surgery. Facts have proved that little or no experience, not only manager to be inadequate, and severely constrained objective the development of enterprises.
6 to speed up the cultivation of the new system. Effective conversion is definitely not "flop company," but the concept of change, institutional change, business transformation and cultural change. The key is the concept of change. Neither the original style of the administration of public institutions into new enterprises, but also can not copy the material production enterprise management model; is necessary to adhere to the socialist ideology, but also grasp the company's general business law. To this end, on the one hand the company's strategic investors, "Regulations on Publication Administration" learning, journalism, publishing business training, understanding the law of press and publishing business and investment prospects; the other hand, press and publishing units of the original employees, especially senior managers' companies Law 'education, to understand the corporate governance structure and business management features. The two combine to create a new cultural environment, and institutional innovation, in particular, will make not only understands the media business publishing a comprehensive talent to the fore. Only in this way to the birth of both to achieve social benefits and to achieve economic benefits of the "double benefit" of the press and publishing companies and news publishing group.
(The author "Chinese enterprises' editor)
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