Research On Legal Construction Of Cultural Industry In China

Since the reform of 1978,China's political,economic and social developments are on the road of rapid development.Under economic globalization,as a part of the national strategy,cultural developments were written in the eighteenth reports of the Party.How to build a powerful cultural industry becomes a hot topic.An important sign of powerful culture state is based on the cultural communication ability as the core of the cultural industry.Therefore,the development of building a strong cultural industry has become China's only choice.In the development and construction of the cultural industry,China issues lots of administrative regulations and departmental rules,which basically includes all the cultural industry into the scope of government regulations.But the rapid development of the cultural industry makes new cultural economy out of their range.The existing legal system has been seriously lagging behind from the cultural industry's healthy development,and a series of problems has begun.First,in laws and regulations as the main body of legal norms,there are no basic laws as a guide,leading to the conflict between the rules and regulations.Following with the regulations,rules and the low rank,in the application process,the lack often makes effectiveness of the implementation of existing laws and regulations down.Third,more emphasis on cultural industry management,less on the service and promote the provisions.What's more,market rules will often existing and emerging of conflicts with regulations.And all of the above problems can ultimately be attributed to the lack of the basic law of the cultural industry,"cultural industry promotion law",which regulates the development of cultural industry.The transformation of government functions in the development of cultural industry is insufficient,and the lack of effective judicial relief is another reason.Based on the foreign powerful cultural country,the United States,Japan,French,and South Korea's cultural industry,making a construction of rule of law comparative study,the author found that foreign powerful cultural states have their cultural industries legislated in the protection of high-level legal rules.In these countries,through the process of the rule of law,cultural industry will be incorporated into the basic law in order to promote the development of cultural industry as the core of the system of legal norms.The way of the rule of law for the development of cultural industries creates orderly and fairly external environment,which is about to promote the rapid development of national cultural industry.After comparison,the author believes that China should develop its own "Culture Industry Promotion Law",and establish a set of cultural industries.The core of the legal system of cultural industries is the development of cultural industry of the orbit of the rule of law,which is about to ascertain the subject of national management regulations,and to clarify the basic political duties and powers,to clarify the direction of the development of cultural industry,to protect the rights,and to determine obligations,and to establish a set of effective incentive mechanism and means of relief,and to establish a reliable,safe,orderly and fair external environment for the cultural industry.In order to make China's cultural industry grow rapidly and healthily,a powerful pillar industry of culture should be ranged into China's national economic development.