A Study On The Legislation Of Cultural And Creative Industries Promotion Law

Since the end of the cold war,the international competition has shifted from hard power to soft power.Cultural and creative industries are precisely the embodiment of the soft power of a country or region.Many countries or regions have enacted laws to promote the development of their own cultural and creative industries.China has also taken cultural and creative industries as the pillar industries of the country.In the era of rule by law,it is an inevitable choice to govern the country and develop cultural and creative industries by law,which is also the common path for many countries and regions," Cultural and Creative Industries Promotion Law " is particularly necessary for our country.China has planned and formulated the Cultural and Creative Industries Promotion Law for many years,but its progress has not been satisfactory.There are still a series of problems that need to be studied.First of all,the name of the law or the name of the industry is divided.At present,there are also "cultural industries" and "creative industries" in the domestic titles on cultural and creative industries.From the angle of occurrence study,we find out that "cultural and creative industries" should be taken as the formal industry name,and the corresponding legislation should also be identified as "cultural and creative industries promotion law".Second,the cultural and creative industries not only have economic functions,but also have cultural functions.In the legislation,they must consider how to formulate the Cultural and Creative Industries Promotion Law from the perspectives of culture,economy and power.The enactment of any law should be aimed at the protection of rights.The enactment of the Cultural and Creative Industries Promotion Law involves human rights(cultural rights),social power and state power.The relationship between these three rights and the cultural and creative industries reflects the necessity of enacting this law.The feasibility of "Cultural and Creative Industries Promotion Law" has been established through the planning and policy of national legislation,local legislative practice,theoretical research and the objective development of industries.Thirdly,judging from the official disclosure,the Cultural and Creative Industries Promotion Law may be formulated by the NPC Standing Committee.However,the legislative power of the NPC and the NPC Standing Committee is not the same and has a hierarchical relationship."Cultural and Creative Industries Promotion Law " is the basic law in the field of culture.So the law should be formulated by the NPC rather than the NPC Standing Committee.Cultural and creative industries are related to the country’s cultural security,while cultural security is behind the cultural sovereignty,so cultural sovereignty should be the primary legal principle of the law.The innovation of cultural and creative industries stems from personal ability.It is very important to strengthen the protection of personal culture.The principle of property rights protection is the second legal principle of this law.Industrial development not only requires the rule of law,but also needs a good market economy environment.The principle of free competition,as the third legal principle of the law,is conducive to building a good market environment and further promoting industrial development.Finally,by examining the relevant laws of cultural and creative industries in overseas countries and regions,and drawing on its beneficial enlightenment,it is proposed that the " Cultural and Creative Industries Promotion Law" in our country can mainly stipulate the following in terms of specific contents: 1.Cultural protection;2.Market and competition,3.personnel training,4.tax incentives,5.respect for local characteristics and so on.To this end,the Cultural and Creative Industries Promotion Law should be formulated as soon as possible so as to not only protect human rights and promote a prosperous culture but also promote social and economic development so as to enhance the country’s soft power and enhance its national competitiveness.