Study On The Legislation Of China's Performing Arts Since The Peform And Opening-up

The history of performing arts is almost as long as the history of mankind,and it exists in the civilizations of all nations.Faced with the emerging of new media in recent years,the "Aura" of the performing arts reverses a differentiated space for them in the complicated cultural activities.Each country has its own way of the division of performing arts,and there is no unified standard for it at present.Nevertheless,they all regard performing arts as the core category of cultural industries,so as our country.Live performance has always occupied an extremely important position in our cultural activities.Performing arts is also one of the nine key items of cultural industries in our country.China's performing arts industry has undergone a historical transition from the adjustments within the system through the market liberalization to the industrial development since 1979.The legislation of the performing arts industry has also undergone a transformation from micro-management to macro-control.In this context,this paper conducted a study from the following four aspects:First of all,it sorts out the laws,administrative regulations,departmental rules and other normative documents related to the performing arts industry.And then,it clarifies the development of the performing arts industry since the reform and opening up and the status of its legislation,analyzing it from the perspective of the legislative effect,the legislative subject,the legislature and so on.Then,separately elaborates the status of international legislation on performing arts.Secondly,it reviews the history of the performing arts industry since the reform and opening up.Taking the promulgation of the "Commercial Performance Management Regulations" and the 2005 amendments to the regulations as two time nodes for the evolution of legislative policies on performing arts,the evolution of legislative acts in the performing arts industry is divided into three stages.Then it summarizes the general situation of the performing arts in different periods,and taking the government regulation of the performing arts market as the main line to arrange the evolution of the legislative policy of the performing arts industry.Combining with the progress of the reform of the cultural system,it analyzes the key legislative documents and clarifies the characteristics of each stage.Thirdly,based on "Commercial Performance Management Regulations" and "Implementing Rules of Commercial Performance Management Regulations" as the main reference,in conjunction with the current legislative documents,it analyzes the whole performing arts industry from of the legislative management of three aspects: the subjects of the performing arts business,the foreign performing arts activities and the performing arts market.And then it analyzes the current status of copyright management in the performing arts industry from the system of copyright law.The main purpose is to find out the problems of the current legislative documents in our country by studying the legislative features in these fields.Finally,it explores the weak links in the legislation of the performing arts in our country.Due to the redundancy of the legislative subjects,there is a general phenomenon of chaos in our legislative system.Legislative authority is unclear,which leads legislatures to generally favor their own interests and thus affect the fairness of legislation.This is reflected in the performing arts industry.The current legislative documents are numerous,and the current legislative level is still insufficient to meet the requirements of the current development of the performing arts industry.