Research On Legal Protection Of Cultural Industry Development In China

Cultural industry is the sunrise industry in twenty-first Century.With the rapid development of science and technology,the rapid development of information technology and the acceleration of the process of global economic integration,the cultural industry has become a booster for the improvement of cultural soft power and the promotion of economic development.In the United States,Britain,Japan,Korea and other developed countries,the cultural industry has become a pillar industry,play a driving engine of economic growth.The party made in the fifth Plenary Session of the 17th CPC Central Committee to promote cultural industry has become a strategic pillar industry of the national economy,the strategic decision in 2011 Eleventh National People's Congress of the fourth meeting examined and approved the "People's Republic of China national economic and social development in the Twelfth Five Year Plan" has been officially confirmed.In this context,China's cultural industry has made historic progress.But in a variety of factors,the development of Chinese cultural industry is still not up to the standard pillar industry,the development level and the level of lagging behind other countries in the world,there is a larger gap compared with the strategic goal of building cultural power requirements.Because of the cultural industry compared with other industries has the particularity,and the cultural industry started late in China,the legal protection of the cultural industry development is facing many problems,such as cultural industry,cultural industry lagging of legislation of administrative management system has yet to straighten out the cultural industry,law enforcement procedures are not standardized,lack of culture industry and the protection of intellectual property rights of the public legal rights and obligations of the lack of understanding of the cultural industry and so on,to solve these problems,learn from the advanced experience of the foreign legal protection of the cultural industry,and puts forward some suggestions.This paper is divided into four parts:The first part introduces the concept of cultural industry.This part first carries on the contrast analysis to the academic "cultural" connotation and the domestic and foreign cultural industry theory viewpoint,and combs the connotation of "cultural industry" in our country's existing policy.Secondly,comparative analysis of the classification and scope of cultural industries at home and abroad,to clarify the extension of China's cultural industry.Finally,combined with the typical cases of the development of cultural industry at home and abroad,the paper sums up the characteristics of cultural industry which is different from other industries.The second part studies the problems existing in the legal protection of China's cultural industry development.This part analyzes the main problems existing in the legal protection of the development of cultural industry in China from four aspects:legislation,law enforcement,judicial and law-abiding.Including the development of cultural industry legislation is not perfect,the development of cultural industry law enforcement mechanism is not perfect,the judicial protection of cultural industry development is not in place,the cultural industry is not strong sense of law.The third part studies the practice and Enlightenment of foreign cultural industry legislation.This paper makes a brief introduction and analysis of the development of cultural industry and the practice of legislation in the United States,Japan,Korea and other cultural industries,and puts forward three points of foreign experience on the legislation of China's cultural industry.The fourth part puts forward the countermeasures and suggestions to strengthen the legal protection of China's cultural industry development.This part aims at the problems existing in the legal protection of cultural industry development,and puts forward the countermeasures.