Legal Study Upon Exchange Market Of Culture Property Rights

Culture property rights exchange is a unique innovation in China, which is animportant driving force in developing and booming the culture market and aneffective manner to reform the current culture. The said innovation promotes theconnection between the culture and financial capital. However, the occurrence ofculture property rights has developed for such a short time, therefore, the developmentpath and method is not that clear. Under the stimulation of state policy, TianjinCulture property rights exchange agency has released artwork proportional exchangethat improves the rapid development of culture property rights exchange market andbreakthroughs the traditional exchange methods which the market participants areseized thereto. Furthermore, numerous circulating fund is involved in hype whichresults in bubblization and serious greater fool. With the undergoing of the exchange,the irrationality of sequent flaws in the legal framework has incurred turbulence of theculture property rights change market in China. The culture property exchange is thenterminated by the State Council. However, this exchange manner without legality,economic-based or feasibility has been popularized and used by many cultureexchange agencies within China. Considering this issue confronted, this thesis tries torethink the legal issues of culture property rights exchange market in China.This thesis adopts legal and economic study, through empirical and comparableanalysis combined, to analyze the legal issues of culture property rights exchange market. This thesis consists of four chapters as follows:Chapter1, this chapter starts from the definition of culture property rights toanalyze the object, function and characteristics of the culture property right, by statingthat, based on the fore-mentioned, this chapter clarify the development background,development course and difficulties of culture property rights exchange market inChina.Chapter2, this chapter is centered of this thesis. After analyzing the definitionand status of culture property rights market in China, this chapter refutes theproportional exchange of culture exchange through the legal, economic and feasibleperspective. This chapter concludes that culture property rights exchange shouldselect the traditional ways and states the said exchange manner thereafter.Chapter3, this chapter contains the original views of this thesis. This chapteranalyzes the organizer of the culture property rights exchange in China----the issue ofconstruction of culture property rights exchange agency, in the aspects of the selectionof formation, the supervision of conflict of interest, the operation model and theexchange rules to analyze the establishment of culture property rights exchangeagency comprehensively.Chapter4, this chapter focuses on the regulation of culture property rightsexchange market. This chapter studies the theoretical basis of regulation of cultureproperty rights exchange and the types thereof. Then this chapter analyzes the marketaccess of culture property rights exchange in detailed and points out that the essentialpart of the regulation is anti-fraud trading, anti-over speculation and informationdisclosure.