Study On Legal Construction Of China’s Cultural Industry

The cultural industries in new economic era is characterized by theknowledge economy, which increasingly becoming the engine of growth for eachnational economies, to become the political, economic, cultural dominant force in thecompetition. Faced with the current international trend of development of culturalindustry intensified, as well as China’s cultural industry is relatively backward situation,how to take measures to develop the cultural industry has become a critical problemChina must face. Development of any industry are inseparable from the law to protectand promote, and the cultural industry is no exception. And the way to build the legalsystem of cultural industry is particularly importantCurrently, the legal construction of China’s cultural industry is not optimistic, thephenomenon that lack and lag of law construction in many emerging industries is veryserious, especially for a long time affected by the planned economic system, the culturalindustry legislation, mainly focus on management, limitations, penalties, and lessinvolving rights, development, security, promotion and service provisions, and these areprecisely indispensable legal protection to promote cultural industry development andprosperity. Since joining the WTO since China and foreign cultural and economicexchange, collisions become more frequent, in-depth, in this period of cultural industryleading position in the construction of a country’s economy has become increasinglyprominent, increasingly become an important indicator of a country’s comprehensivestrength. According to statistics, in2010, the proportion of cultural industry in GDP, theUnited States was27%, UK11%, while China is only2.5%. Looking across allpowerful countries of cultural industries, all of them promote the rapid developmentof cultural industries through legalization, standardization and other legal ways. Under the vision of globalization, we must re-examine effective ways on how to grow on thecultural industry in China. Based on the legislative perspective "Culture IndustryPromotion Law", analyzes the current situation of China’s cultural industry law,extraterritorial legislation typical judge, on the basis of further proposed to improve thecurrent legal system is the key to complete the legal construction of China’s culturalindustry, namely of "Cultural Industry Promotion Law " that basic laws in the field ofcultural industries. And make the further general assumption on the structure, basicsetting rules.The first part is an introduction, proposed research questions, give a survey ofresearch, and clarify the basic structure and the main innovation of this study;The second part, according a basic multi-layer analysis of the reality of the legalsystem in China’s cultural industry, thus revealing the importance and necessity of thelegal system of China’s cultural industry;The third part, according the comparative study of the United States, France, Japan,Korea and other cultural industries legislative powers of the judge raised several legalconstruction of China’s cultural industry reference;The fourth part presents the key core issue of this paper-that is, the constructionof China’s legal system priority is to develop cultural industries "Cultural IndustryPromotion Act." Accordingly proposed legislation should adhere to the basic conceptsand basic principles to be followed;The fifth Part, setting up style structure and the main rules setting of "CulturalIndustry Promotion Law" in order to complete the legal system of cultural industries, assoon as possible to develop "Cultural Industry Promotion Law" to provide constructivecomments and suggestions;The sixth part gives some conclusions of the study, explained, and discussed themain conclusions of this research, pointing to the cultural industry legal construction isa systematic project, the need to multi-cooperation and push together..