An Analysis Of The Construction Process Of China's Broadcasting And TV Legal System

Since the reform and opening (esp. the late 1990s of lastcentury), our country's broadcasting and TV media hasdeveloped rapidly— the media' s commercial function isgradually strengthened through the attempt ofindustrialization, and it is no more a theoretical expectationbut a fact. After entering the WTO, there are many new problemsarise from this fact: As non-state owned capital enteredprogramming field and network operation field, the right andthe obligation of the broadcasting participators need to beconfirmed;the principles of how to treat the relationshipamong these participators themselves and the relationshipbetween these participators and government need to beidentified instantly. Although there is an inherent internalrules of the development of one area, and so do that of themarket' s operation, more macroscopically considering, thereis a much more effective rule— law full of government force.Until now, the National People' s Congress (NPC) has notinstituted any laws specifically aiming at the activities ofbroadcasting area. Besides this, the State Administration ofRadio Film and Television (SARFT) has only concluded a bit ofsupreme principles of the broadcasting and TV area—- theStatutes of Broadcasting and TV, and also the BroadcastingBureau has concluded a large amount of documents and laws tostrengthen the management. However, whether these documents orlaws will performance well facing with the practical problems,and what is exactly the tendency of the development of ourcountry' s broadcasting legal system' s construction are the problems drawing great attention from the practical area, and also are some unavoidable problems faced by the national culture domain after China' s attendance of WTO.This paper makes a comprehensive conclusion of the development of China' s broadcasting legal system' s construction through the approach of vertical and comparative research. It analyzes this process based on three periods, which are plotted out by the state' s establishment of legislation group making lawmaking plan and the conclusion of the Statutes of Broadcasting and TV. These paper focuses on identifying the changes of the relationship between rights and obligations, and the degree of the effectiveness of the law' s adjustment in accordance with those changes. Besides the above, this paper makes a utterly analysis of this historical process through including views upon the following: The broadcasting laws' theoretical foundations and the value pursuit, the characteristics of China' s broadcasting lawmaking, the limitation of legal system and the prospect of building China' s media legal system based on the above three points. All in all, this comprehensive analysis based on our state' s practices in the broadcasting and TV area is beneficial to further understand the specialties of our lawmaking, and also is beneficial to find the most suitable approach to fulfill self-development by learning from other countries.