Try To Make A Comment About Cultural Rights And Suability Of The Television Program Creators

Cultural rights is one of the fundamental rights in the provisions of ourConstitution, the recognition and protection of fundamental rights are the core of theconstitutional values system. However, for a long time, cultural right does not likethe other citizen fundamental rights and still not receive sufficient attention. Thecontent of cultural right in Constitution is no clear right classification. In late October2011, the State Administration of Radio Film and Television issued a document" TheSuggestion About Further Strengthen The Television Comprehensive ProgramManagement", as including a lot of limitations for entertainment programs, known as"Limit Entertainment Command", had aroused a great deal of controversy in bothinside and outside television industry.Especially television practitioners, as the television program creators, feel thiscommand to violate their cultural rights, and some even tries to use litigation toprotect their legitimate rights not to be violated. Therefore, author as a televisionpractitioner, attempt from a legal perspective to analyse the cultural right and itselfrelief program of the television programs creators. Firstly analyse the legal propertyof the television program, television as an art, as well as other cultural activities, is aform or methord to achieve cultural right, therefore should be as fundamental rights protected by the Constitution.Cultural right, as well as other fundamental rights, protected by the Constitution,but the provisions of the Constitution or the current research areas involves culturalright little. Who is the main part of cultural right? What is content of cultural right?This article expounds through " The International Covenant On Economy, SocietyAnd Cultural Rights " and the interpretation of the provisions of our Constitution.Thus, cultural right as a fundamental right recognized and protected by theconstitution, should have right limitation. Television program regulatory sysytemcomes into being.Comparing the television program regulatory system of the United States, theUnited Kingdom, Germany and other other countries with our country, knowing thesimilarities and differences, exploring the extraterritorial experience of cultural rightregulation, scanning the cultural rights regulatory way, to explore the realities pathsof our television program regulatory system. Cultural right has its limitation,therefore is subject to be regulated, as the same the cultural right regulation has itslimitation. Regulatory anomie of cultural right and even causing the violation of themain part, do the main part have the relief paths?This is the focus of this discussion, in fact, this has been controversy in theacademic community, namely the cultural rights suability. Analyzing the principle oftelevision programs regulatory system, knowing what is the standard in the process ofimproving the relief program of television program regulatory system; after analyzingthe defects of our television programs regulatory system, providing a reasonablerelief measure targeted for these defects. This article focuses on narrating the macroaspects of the entity as well as the details of the program, and draw a conclusion, in acertain extent the suability of cultural right is entirely feasible. Unremitting efforts,the relief program will certainly establish to suit the Chinese television programregulatory system.