The Research On Legislative Protection Of The Culture Industry In China

The culture industry is regarded as the favorite industry in the new century. Thedevelopment of the culture industry is of great importance to the economy, politics,society and the values of the whole country. In the advanced countries, the cultureindustry not only develops in a faster pace than the traditional industries, it also hassuch a large developing scale that it constitutes the mainstay industry in thesecountries. At the mean time, being a kind of productive forces, culture remains one ofthe important parts in the soft power of the comprehensive strength and plays animportant role in the cultural security. In China, culture industry is cultivated for arelatively short period of time, whose output value could not reach the standard of thatof the mainstay industry. The culture industry has a great potential of development.But recently, the culture industry has developed more quickly and contributed more tothe GDP to almost3%.Nowadays, the legal environment of the development of culture industry isincomplete and imperfect, which has prevented the culture industry in China frommaking remarkable progress. Under the present law of the culture industry, the legalsystem of the culture industry still has a long way to go. The legislation in some fieldsof the culture industry lags far behind. It results in the incompatibility with some newsituations and problems, the lack of connection to the order and law of the marketeconomy, and the failure in the integration with the international rules. As to thisundeveloped industry, such legal environment has seriously impeded the leap-forwarddevelopment of the culture industry and influenced the upgrading of the industrialstructure and the cultural security in China. It is of great urgency to enforce thelegislation and perfect the legal system of the culture industry. At the same time, thegrowing culture industry should be protected and as a result the cultural securityshould be maintained in China.The thesis firstly explicates the necessity at home and abroad to reinforce thelegislative protection of the culture industry. Culture industry is one of the importantsigns to demonstrate the comprehensive power of a country and it has a close relationship with the cultural security of a country. Culture industry is playing a moreand more important role especially in the national economy. The author analyzes andlooks forward to the development trend of the culture industry through collecting thedata of the output value of the culture industry and its proportion in GDP in the latestten years. Then the author analyzes the present situation and the shortcomings of thelegislative protection of the culture industry in China. Concerning the presentsituation of the legislative protection of the culture industry, the author systematicallyorganizes the historical evolution of the legislation of the culture industry in China.Later the author carries a survey of the legislation of the culture industry in China bytaking the efficacy of the legal system of the culture industry as an axis. The authorlater points out and analyzes the reasons of some existing problems of the cultureindustry in China, including the inadequacy of the legislative protection of the cultureindustry, the incomplete system of the culture industry, lack of systematic nature, thedelay and low efficacy level of legislation and the fact that the present law of theculture industry could not integrate with the legislation of the market economy andthe international rules. The author also puts forward some suggestions on legislationin China according to the successful experience in legislative protection of the cultureindustry in some advanced countries, including the United States, Canada, Japan andKorea. At last, the author puts forward some specific strategies on how to improve thesituation of the legislative protection of the culture industry. The author expounds theguiding and basic principles of the legislation of the culture industry, including theprinciple to maintain the cultural security, the principle to unify the economic andsocial profits, the open and modest protection principle. The author later explicateshow to better deal with some relationships, including the relationship between thelegislation and policy in culture industry, the relationship between state legislation andlocal legislation, the relationship between the protection of the intellectual propertyand the sharing of the cultural resources and the relationship between importing theadvanced culture from abroad and the protection of the national culture. The authorfurther gives some advice on how to better integrate the legislation of the cultureindustry with the present legislation in order to improve the legislative level, on howto make some urgent and basic regulations to keep a line with the international rules. The thesis has a survey of the legal system of the culture industry in China, includingthe principle law, the macro-control law and the law on the protection of rights andinterests. Of course, the thesis is sure to have some shortcomings because of theauthor’s limited knowledge. The legislation of the culture industry is largelycomposed of some local regulations. The author fails to fully analyze and make use ofthe mature rules from these local regulations.