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Library Legal Protection System Construction And Improvement,

Posted on:2010-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:H T RongFull Text:PDF
GTID:2206360302477158Subject:Library science
Abstract/Summary:PDF Full Text Request
Characters of service and focusing on social benefits make the library industry get a low sense of social identity, which leads to a socially disadvantaged status and restriction to fulfill its social functions of library. While the key of improving its social status is the rule of law construction of library, one or two specialized library laws are unable to accomplish this complex task involving all aspects of society. The rule of law construction of library should be based on the actual situation in our country and be combined with the actual library work, aiming to construct and improve a legal system that makes library specialized laws as its core, library-related laws the cornerstone, industry self-regulatory norms for the added and relevant international laws and regulations for reference. And try to construct a favorable mutual mechanism between the development of library cause and library legal system. With the regulation, insurance, guidance and promoting effect of legal system, library cause will get a helpful external environment and internal mechanism to develop, and with the development of library cause, library legal system will be further improved.Since 1949, the rule of law construction of library in our country has received some achievements. First, our country has special provisions of the Constitution that adjust library activities. Second, even though there aren't national library specialized laws, the local and systemic library legislations are fruitful. The third, the wide coverage of the library-related laws show that the society has begun to pay more attention to library development. And, the promulgation of Professional Morals for Chinese Librarians (Trial Implementation) in November 2002 and the submission of Library Services Manifesto to Standing Council of the Library Society of China early in 2008, indicate that the industry self-regulatory norms construction has achieved significant progress. At the same time, the library industry has speeded up the pace to become international by joining relevant international treaties and agreements.However, on the aspect of the rule of law construction of library, there is a big gap between our country and the two developed countries-the United States and Japan. There is far-reaching significance to learn from the construction experience of theirs in order to improve our country's legal system of library. We can also find similarities and differences by comparing the two legal systems. The points of similarities between them include the completeness of library-related laws and regulations, the effect of library industry self-regulation norms in the development of library and the synchronization of library legislation and education legislation. But at the same time, they have different paths of development and different legal system structures. There are four revelations we can get from the US-Japan experience of the rule of law construction of library: (1) using authority and force of the law to promote the spread of the concept of the modem library; (2) the combination of local legislation and national legislation;(3) the synchronization of library legislation and education legislation; (4) the formulation and promulgation of our Library Services Manifesto.To improve the legal system of library, we should follow these principles: (1) base on the reality that our country is in the primary stage of socialism, we should not have the illusions to develop the legal system by crossing the social development stage;(2) reasonable succession, it's necessary to make new development on the basis of the succession of the achievements before; (3) principle of giving priority to social benefits, it is necessary to change the introversive thought of "to supply the variety of material conditions for the normal operation of the library" into the export-oriented thought of "enhance the library service ability to meet the needs of society ", to enhance the positioning of the concept of the law construction and shape the potential effects of using the legal system to ensure the development of library cause;(4) national macro-control principle, it is necessary to increase the national macro-control efforts on the development of the library policy and on the formulation and quantity and quality of the library specialized and relevant laws and regulations.To improve the legal system of library, we should:(1) strengthen the research of the rule of law construction of library in the theory, then use the theory to guide the practice;(2) recognize the importance of the rule of law construction and change the train of thought to strengthen the library system construction;(3) strengthen the scientific nature of legislation, speed up the development of library specialized law and improve its supporting regulations;(4) actively promote social public participation in library legislation and promote the supporting convergence of related laws to the library specialized laws, set up the feedback mechanisms of law enforcement.Preface to this article, the first part describes the research significance and the domestic and international research situation and related research methods. The second part from the point of view of the industry, discusses why the library industry has the need to improve the legal system for its development, and points out the functions and tasks of legal system in the development of the library cause. The third part gives an overview and evaluation on the status quo of the library legal system in our country. The next part compares the library legal systems of the United States and Japan, tells the similarities and differences as well as revelations we can get from the US-Japan experience. The last part discusses the principles of improving the library legal system and presents concrete proposals to improve our library legal system.
Keywords/Search Tags:The rule of law of library, Library laws, The rule of law environment, Legal system
PDF Full Text Request
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