Research Of Scientific Legislative Idea Of Cultural Industry Promotion Law

Scientific Legislative Idea is originated from summarize and development of Economic Law Idea and the legislative idea. The academic believes Economic Laws Idea is mainly contain these ideas elements:people oriented, social standard, fairness and coordinated. The division of legislative idea by academic is roughly including the following five ideas:people oriented legislation, rational legislation, and objective legislation. Economic Law Idea and legislative ideas are both belonging to legislative idea, and they both advocate people oriented which is the core factor of the Scientific Outlook on Development. Therefore, the foundation of Economic Law Idea and legislative idea will integrate13intrinsic values and refine new idea system of the Scientific Legislative Idea. Cultural Industry Promotion Law was identified as the most important law to study in the"11th Five-Year Plan", which plays a significant role in promoting the development and prosperity of socialist culture. It is also an important legal system of cultural industry nowadays, which can provide a good institutional guarantee for the development of cultural industry.Analyzing Scientific Legislative Idea in the Cultural Industry Promotion Law context and applying in practice will be conducive to the promotion of Cultural Industry Promotion Law. Based on the current legislation of China’s Cultural Industry Promotion Law, there are three problems of the Scientific Legislative Idea in practice. First, Scientific Legislative Idea fails to keep balance of legislative structure. It has little effect on the macroscopic legal structure design and also makes differences of level of legislation and amount between different regions, different ethnic and Cultural Industry Promotion Law of internal regulations. Second, Scientific Legislative Idea failed to highlight the status of national legislative body. Most of these regulations are made by the State Council or the Ministry of Culture, so the problems of unified concepts and the low rank of legislation need to be solved by Cultural Industry Promotion Law by the NPC Standing Committee. Third, Scientific Legislative Idea has not yet fully played a guiding role in setting of incentive system. Because of the lack of legal support, its application in the legal supervision system is not enough to supervise the special funds, the preferential tax and financial investment system.The problems of Scientific Legislative Idea found in Cultural Industry Promotion Law can be improved through three aspects. First, setting up Scientific Legislative Idea in the core status of legislation balance is important. This requires Scientific Legislative Idea plays the role of macro guidance in reforming legislation pattern of cultural industry, establishing of legal provisions, balancing between different regions in the law. Second, Scientific Legislative Idea should reiterate the status of the NPC Standing Committee as the national legislative bodies, and clarify the different legislative body of Cultural Industry Promotion Law and the current laws and regulations. At the same time, the legislators should enhance their legal literacy to promote the communication with the public and improve the effect of Scientific Legislative Idea in the legislative process. Third, Scientific Legislative Idea should apply in special fund supervision system, preferential tax system and financing system, and set up special fund dynamic evaluation mechanism, to encourage the structural tax cuts and attract the private capital to invest cultural industry, so it can play a positive role in promoting cultural industry.Through the study of Scientific Legislative Idea of Culture Industry Promotion Law in practice, it concluded that the "Cultural Industry Promotion Law should always follow Scientific Legislative Idea". Furthermore, it realized that "Scientific Legislative Idea is an idea system which can lead legislative work". Scientific Legislative Idea is the sublimation of Economic Law Idea and legislative idea; and it practice in Cultural Industry Promotion Law environment. Therefore, in the ideas of "defining, finding out problems, solving problems", it should try to find a scientific method to promote cultural industries, and build a solid foundation for public cultural services system and modern cultural market system.