On The Creation And Publication Of Copyright Under The Franchise

As an indispensable part of the cultural industry in China, the publishing industry has become a new growth point to promote the development of our economy, and a strong starting point to accelerate transformation of the mode of economic development in our country. Publishing system reform, therefore, is one of the core content of cultural system reform in our country. The third plenary session of 18th CPC Central Committee had examined and approved a decision on "major issues concerning comprehensively deepening reforms", the eleventh part of the decision proposed:on the premise of franchising of publishing right, allow the separation of edit and publishing. This is an important measure to push publishing system reform.This dissertation starts from the franchise system of publishing right of our country, analyzes the situation and problems of publishing mode under franchise of publishing right, analyzes the advantages and rationality of edit and publishing separation mode, and puts forward some legislative suggestions related to publishing system reform and optimized adjustment for publishing industrial structure of our country on the basis of the above analysis. This dissertation is mainly composes of the following three parts of contents:The first part is the introduction part, and it introduces the research background, research purpose and research significance of the research topic of this paper. The second part is the text part, and this part is divided into five chapters. The first chapter introduces the general theories of franchise of publishing right, including the concept and nature of publishing rights, and the concept and nature of administrative franchise. The second chapter introduces the situation of edit and publishing mode under franchise of publishing right, and analyzes its limitations. The third chapter introduces the meaning, advantages and rationality of edit and publishing separation mode under franchise of publishing right. The fourth chapter discusses implementation way of the separation of edit and publishing under franchise of publishing right, including establishing relevant policies, cooperation edit and publishing of private culture company and state-owned press, independent edit and publishing of private culture company, and effective utilization of market mechanism. The fifth chapter discusses how to establish the supervision mechanism of edit and publishing separation mode under franchise of publishing right, and analyzes supervision of transaction of book number and supervision of quality of publication. The third part is the conclusion part, and it summarizes the research conclusion of this dissertation, and puts forward relevant legislative suggestions for the perfection for China’s publishing system.On the choice of research method, this dissertation mainly uses the following basic research methods. The first is the literature analysis. Collecting and sorting out literatures related to the research topic of this dissertation, analyzing, concluding and summarizing the main research results of academic predecessors, mastering the related situations of present research, problems should be solved and future development direction, and putting forward my own views, opinions and suggestions accordingly. The second is normative analysis. Administrative franchise and administrative supervision, as objective phenomena of exercising process of administrative power, take a certain administrative goals as its core value. Exploring the value of law and putting forward explanations and suggestions based on the research to the relevant laws and regulations. The third is comparative analysis. Comparing and analyzing the legislation and practice between China and foreign countries about publishing right and administrative franchise, studying the experiences which are suitable for the current situation of our country, in order to providing enlightenments and references for the publishing system reform and the establishment of publications law of our country.We can see that, through research, the status of private publishing industry in the whole publishing industry has become increasingly high. Allow the separation of edit process and publishing process, on the premise of franchising of publishing right, can make reasonable use of all kinds of cultural resources, and stimulate the vitality of cultural creation of the whole society. This mode can meet the diversified needs of the development of cultural market, also can coruscate more and greater energy of private culture company and state-owned press. This mode can promote the vigorous development of the publishing industry in our country, and promote development and prosperity of socialist culture of our country.