CPPCC member Zhang Geng: the cultural industry legislation lags behind expectations speed

Cultural development and prosperity brought about new legal requirements

Looking forward to speed up legislation lags behind cultural industries

Reporters Zhu Lei

CPPCC National Committee held in Beijing recently, "to deepen cultural restructuring, prosperity and development of cultural undertakings and cultural industries" special consultation, the CPPCC National Committee, UNESCO Deputy Director of Health and Sports Committee, Supreme People's Procuratorate Zhang Geng, former deputy Attorney General, Health and Sports Commission on behalf of UNESCO speech that the current weakness of the legislative and cultural issues are more prominent, and needs attention.

Special investigations found that the problem

According to reports, Education, Science and Sports Committee of the CPPCC National Committee since 2009 part of the organization of the CPPCC National Committee, in conjunction with the Ministry of Culture, State Administration of Radio, Press and Publication Administration, the State Council Legislative Affairs Office and other relevant authorities and the CASS Institute of Law, Social Development Institute special study group composed of experts on the cultural industries to promote law legislation for a special investigation.

Research shows that the current breakthrough in China's cultural system, is to promote the depth; good momentum of development of cultural industries, Beijing, Shanghai, Guangdong, Hunan, Yunnan and other provinces and cultural industry has become a pillar industry of national economy; the development of cultural undertakings in good shape, to provide a richer community of cultural products and services; culture "going out" in the field continue to expand the state's "soft power" is increasing. But there are still scarce high-level personnel of cultural industries, the main market is not perfect, market management and other issues needs to be strengthened, especially the problems of weak cultural legislation is more prominent, and need attention.

Legislation lags behind the field of culture

For the problems of cultural legislation, Zhang Geng about: First, at the legislative level is low, imperfect structure, a single mechanism. Currently only countries in the field of culture heritage preservation law, copyright law, non-material cultural heritage law three laws, a group of State Department regulations and departmental rules and regulations as well as a small amount of local legislation, far from a relatively sound legal system. From a structural point of view of existing laws and regulations, lack of cultural industries in the legislation, the relevant management regulations to protect the color of light weight management doctrinal, cultural development and prosperity can not meet the actual needs. Second, lack of timeliness, adaptability is not strong. Keep up with current laws and regulations of the culture of scientific and technological progress and changes in market conditions, in the protection of intellectual property rights and innovation, promote development and many other aspects of legislation lags behind. At this stage the promotion of cultural reform, prosperity and development is still mainly rely on policies and regulations, which in a period of time is necessary, but long-term and fundamental focus should be policy measures to accelerate the process of transformation to the laws and regulations, there are limitations as soon as possible the formation of both forward-looking laws and regulations, laws and regulations to improve the adaptability and effectiveness. Third, local legislation is weak. China's vast territory, the development is very uneven, but both in the developed eastern regions, or in the less developed central and western regions, from the reality of the region, in the cultural field of legislation almost a blank. Currently, legislation in the cultural conditions are not ripe if the national legislation, then, should be encouraged to place within the purview of "pilot", both for the accumulation of experience in national legislation, but also to meet the actual needs of the local reform and development.

Strengthening of relevant legislation

How to further strengthen cultural legislation?

Zhang Geng, that should further enhance the importance of cultural and legislative awareness of the need. "Strengthening cultural legislation, especially in developing relations and cultural development and prosperity of a comprehensive legal, cultural development and prosperity of the fundamental guarantee, when the reform and development has accelerated the importance and urgency of consolidating the results of the cultural system and promote cultural prosperity and sustainable development of cultural industries will have a profound impact. "

He suggested, start as soon as possible to promote cultural industries law legislation. Cultural Industry Promotion Law was developed to solve China's cultural industry development issues of fundamental measures of institutional mechanisms, but also to promote cultural industries in economic restructuring, development patterns play a greater role in an effective way, should be considered an important position.

Zhang Geng said that the development of cultural industries to promote the law needs to grasp the three points: First, we must determine the specific legislative goals and direction, that national macro-control under the market mechanism in the allocation of cultural resources on the basis of role play, to promote the formation of public ownership various forms of ownership and common development. Second, we must support the formation of cultural production and distribution, personnel training and development environment for building four systems. Third, we must reflect the six "promote", namely, to promote cultural enterprises established independent market dominant position; to promote further reform and opening up the field of culture, and actively guide the private capital to enter; the promotion of cultural resources development, carry forward the fine traditional culture, to encourage creativity and provide a variety of excellent cultural products and services; to foster a culture of industrial development of effective mechanisms and supporting systems; promote the transformation of government functions and strengthen the government's macroeconomic management and public service functions; the promotion of cultural enterprises and the pursuit of profit between the unity of social responsibility.

At the same time, Zhang Geng spoke to co-ordinate planning, central place work together to promote cultural legislation. Cultural legislation is a system which needs national overall planning, step by step. To speed up the culture of the legislative process, you can select some of the high degree of social concern, legislative time is relatively mature, and have a good working basis for individual legislative projects, such as the Law for Promotion of the film industry, radio and television transmission security law, to speed up the pace and progress of its legislation for cultural industry, harmonization of legislation accumulated experience, a sound foundation. In addition, for the regional culture with local characteristics, content, legislation to encourage local initiatives, targeted guidance and regulation, and introduce local regulations for local conditions, government regulations. Play a central and local initiative, in order to effectively speed up the culture of the legislative process.

Zhang Geng in his speech also called for timely changes to the existing culture, laws and regulations.

He said that China is in a period of social transition, dramatic changes in internal and external environmental conditions, need legal regulation of social conflicts and interests of many, the field of culture is no exception; new technological revolution, information technology, digital technology, widely used to culture product creation, production, transmission and even distribution service has revolutionized the way of change, to standardize the management challenges; accession to the WTO, into the international community, to expand international exchanges and cooperation are required by the internationally accepted rules, need to fulfill to join international convention obligations. All of these have a legal basis. Faced with this situation and requirements, adjusting to existing laws and regulations is inevitable, needs to be carefully studied and solved. Therefore, timely revise and improve existing laws and regulations, so not suited to take the initiative to adapt to change is the way to solve the problem. Currently, the need to accelerate the progress of the Copyright Law amending the law, to increase the protection of intellectual property efforts. Regulations on the Internet, significantly lagging behind the actual, standard management and is not conducive to the healthy development of the Internet, should also be revised as soon as possible.