Study On The Legalization Of Culture-Building

This dissertation gives a comprehensive analysis of culture construction legalization in China, concerning definition of the meaning of culture construction, historical development of its system, as well as the essential issues involved. It is highlighted that legalization is the only way of culture construction, and protection of civic and cultural rights is the logical starting point of the legalization of culture construction. Preliminary programs on how to improve relevant legislation and law enforcement systems are proposed to shed some light on implementation of the strategy of cultural superpower and the building of law-based government in China.In Chapter Ⅰ we give a definition to culture construction, and trace the historical evolution of relevant systems. It is held that culture construction in China mainly concerns cultural undertakings, cultural industries and cultural security. Culture construction must be guided and protected by the cultural system, which consists of policies and legal rules, and has the functions of orientating values and beliefs, standardizing practice, integrating ideology and shaping thoughts. The cultural system in China is gradually growing from a system based on policies to that on legal rules.Chapter Ⅱ explores the current situation of culture construction and the issue of culture construction legalization in the transformational period in China, noting that legalization is the only way for China’s culture construction. It is maintained that culture construction legalization has a solid legal basis, and is both a social management mechanism and a mode for boosting orderly and harmonious social activities. The first requirement for culture construction is to promote legislation, and its core lies in strict enforcement of cultural law, and the key lies in the establishment of rules so as to form an ordered situation in the field of culture construction. The basic functions of culture construction are to protect national cultural sovereignty, standardize reforms on the cultural system, promote implementation of an ordered bilateral relationship between citizens and government, revitalize cultural industries, enhance effectiveness of legal regulation, and maintain a harmonious development in the domain of culture. In the process of culture construction legalization, we must stick to leadership by the Communist Party, adhere to the direction of socialist culture, and keep in mind realities of the country. Citizens’basic cultural rights and interests should be protected. We should take into account not only development but also management, and handle properly the relationship between strengthening management and right protection, and between social and economic benefits. Both the standardizing and guiding roles of law must be considered. Opening strategies and cultural security should be balanced. Government leadership and civic participation must be coordinated.Chapter Ⅲ looks at the relationship between cultural rights of citizens and culture construction legalization, emphasizing that cultural right protection is the logical starting point for culture construction legalization. It is maintained that citizens’cultural rights need to be protected practically by law, and legalization of culture construction will effectively safeguard citizens’cultural rights and interests, in particular the basic ones of freedom and equality of cultural rights. The government has the obligation to respect, protect and grant these civic rights, and should be prevented from violating these rights due to too much discretion in administrative enforcement of law.It is elaborated in Chapter IV that we should speed up legislation perfection, and determine the basic principles and technological choices in culture construction legalization. The priorities in promoting culture construction legislation should be laid on the legislation in the following aspects:public cultural service security, cultural industry revitalization, cultural management, protection of civic cultural achievements, and socialist spiritual civilization.The last chapter analyzes the reforms on cultural law enforcement that must be carried out during culture construction legalization. The status quo of the system of cultural law enforcement during the transformational period in China is described. The driving forces, development orientations as well as relevant principles of reforms are clarified. It is stressed that cultural law enforcement system can be improved specifically by integrating organizations of cultural law enforcement, strengthening the construction of the mechanisms of comprehensive law enforcement, reinforcing the building of law enforcement teams, improving the accountability system for cultural law enforcement, promoting the cultural administrative discretion standard system, and perfecting the dispute resolution mechanism for cultural law enforcement.