Research On The Legislative Promotion Of Public Cultural Services

Culture is the foundation of a strong nation and a prosperous country.In the journey of the great rejuvenation of the Chinese nation,cultural prosperity is indispensable.Especially at a time when the world pattern is undergoing profound changes,we need strong and stable cultural selfconfidence to help the country move forward in the torrent.Cultural self-confidence is based on the recognition of Chinese excellent traditional culture and the full affirmation of socialist advanced culture,which comes from the deep grasp of the practice of socialism with Chinese characteristics and its condensed values.Public cultural services shoulder the mission of inheriting Chinese excellent traditional culture,carrying forward socialist core values and enhancing cultural self-confidence.They have become a necessary component and important support for a cultural power.Under the guidance of the national strategy and culture,the public service has made great efforts to achieve high quality,but has made remarkable achievements under the guidance of the national strategy and culture,As well as the transmission of international cultural soft power competition and other internal and external factors,public cultural services are facing more challenges.It is urgent to build a comprehensive and effective legal system to standardize and promote its development.In theory,as a young and rapidly changing business,the relevant research of public cultural service is lagging and weak.The basic theory and practical analysis of legislation are emerging,and the guidance to practice is insufficient.Therefore,it is particularly necessary and urgent to explore how to improve legislation to promote the development of public cultural services.Focusing on this core,the research starts with clarifying the basic concepts of public cultural services and public cultural services legislation,clarifying the value objectives of public cultural services legislation promotion,grasping and confirming the feasibility and necessity of legislation promotion based on historical review and realistic circumstances,and then exploring the way of legislation promotion from theory and Practice on the basis of reviewing the current legislative situation and finding problems.Legislation promotes the development of public cultural services with the goal of realizing the value of public cultural services.From the perspective of dynamic development,this study puts forward that the value of public cultural services is a dynamic multi value system composed of individual,society and country,which is carried by a perfect and strict system.Based on our national conditions,China has formed a public cultural service model with Chinese characteristics,which is dominated by the government,orderly participated by social forces,and reasonably standardized and embedded in the market mechanism.Under this mode,the public cultural service system includes five basic components: content,facilities,main body,operation and guarantee.The multiple values of public cultural services are reflected in the specific requirements of each component.Legislative promotion is to improve and optimize the legal system,give full play to the normative and guiding functions of laws and regulations,and promote the construction of public cultural service system according to this goal,so as to realize multiple values.From the legislative practice of public cultural services at home and abroad and the current era,it is feasible and necessary to promote public cultural services by legislation.Looking at the world,the extraterritorial legislative practice has formed a lot of consensus experience that can be used for reference;Looking back to China,since the founding of new China,the legislation of public cultural services has experienced four stages: germination,stagnation,recovery and development.In the context of the development of public cultural services,we can clearly see the role of legislation in promoting.The legislative practice at home and abroad has proved the feasibility and necessity of legislative promotion.By analyzing the current situation,it can be seen that in the increasingly fierce international competition,the opportunities and challenges faced by public cultural services,the comprehensive promotion of the strategy of governing the country by law,and the inheritance and prosperity of culture add urgency to the necessity of promoting legislation.Through a comprehensive review,there are currently 26 effective laws and regulations related to public cultural services at the national level in China,mainly focusing on the overall system construction,service content,service facilities,service subjects,capital guarantee and equalization;There are 265 local regulations,mainly focusing on the comprehensive provisions of public cultural services,public cultural facilities and services,equalization of public cultural services,etc.,and the legal system of public cultural services has been preliminarily established.However,compared with the value requirements of public cultural services,there are still gaps in the concept,system and content of the current public cultural services legislation,such as "management" over "services",the low level of effectiveness of laws and regulations,the lack of norms in a considerable number of key areas,the careless content of laws and regulations,and the lack of regional coordination.These gaps and problems just point out the direction for legislative promotion.In order to realize the value of public cultural services and fill the existing gap,we need to explore the way of legislative promotion from theory to practice.Public cultural services belong to culture and are different from the cultural industry.The nature of culture and the characteristics of publicity,as well as the response to the requirements of the rule of law,need to embody and run through the three concepts of taking cultural rights as the guide,combining leadership with service,and promoting and strengthening protection in legislation,following the principles of safeguarding basic cultural rights,respecting the law of cultural autonomy,safeguarding national cultural security,and combining government regulation with market operation The five principles of maximizing comprehensive benefits,as the basic standard for public cultural service decisionmaking,regulate the relationship between the subjects of rights,between the subjects of rights and power,between different types of cultures,and between social and economic benefits,and respond to the requirements of multiple values.As for the practice of legislative promotion,we should not only speed up the promulgation of special laws,strengthen the refinement and matching of laws,and pay attention to the revision and repeal of laws from the overall perspective of the legal system of public cultural services,but also focus on the five key areas of equalization,social participation,efficiency improvement,and national cultural security in public cultural services.At the same time,we should stimulate the enthusiasm of local legislation and enhance the characteristics of local public cultural service legislation,By strengthening theoretical research,overall planning,procedure optimization,talent team construction and publicity of the rule of law,we will improve the scientificity of legislation and ensure that legislation can effectively promote the development of public cultural services.