Research On Our Country's Public Cultural Service Legislation

Public cultural service legislation refers to the normalizative documents of law of all levels adjusting public cultural service such as public cultural facilities and public cultural activities that are formulated,revised,approved,altered by the legislatures at various levels through specific procedures.Such legislation is characterized by complexity,diversity,and comprehensiveness.The public cultural service involved refers to all kinds of service items with free or low-cost which the government plays a leading role and social forces participate in providing to meet the basic cultural needs of the citizens.The legal action of public cultural service has the general attributes of sociality,legality,controllability and value as well as the unique attributes of public welfare,fundamentality and equality.The legal relation of public cultural service refers to relation of rights and obligations,duties and responsibilities formulated by the public cultural service legislation when it regulates the supply,participation and enjoyment of cultural service provided by public cultural service security departments,relatives,and related social organizations.As a compound type of legal responsibility,the legal responsibility of public cultural service includes civil legal responsibility for public cultural service,administrative legal responsibility for public cultural service and criminal legal responsibility for public cultural service.At present,our country's public cultural service legislation specifically involves the construction of public cultural service systems,the establishment of public cultural service demonstration areas,the planning?construction and operation of public cultural facilities,the management of public cultural service funds,and the realization of equalization of public cultural service.However,the value objectives of this type of legislation are somewhat biased.It often focuses on inputting various factors under the leadership of the government,while ignoring the public's participation in performance evaluation and the performance evaluation of the actual operating effects of various factors.There are flaws in the application of legislation technology,the formulation of such legislation,the setting of content and the construction of structure are not standardized,and the use of legislative language is not accurate enough,the statement is not precise enough,and the expression is not concise enough.The norms of rewards and penalties is relatively rough.Legislation concerning motivator is comparatively messy,and the specific procedures about implementing excitation are leaky.The legal responsibility behavior and content of legal liability are disjointed,which results in improper convergence of legal liability norms.There are gaps in the legal norms regarding funds.Unclear division of labor leads to inadequate funding support,and the lack of criteria for the evaluation of funds makes it difficult to observe the performance of the use of funds.First of all,the set of value orientation should be corrected,and the public satisfaction evaluation index should be further set up.The legal norms of performance evaluation indicators should be improved,and the legal norms of performance evaluation procedures should be formulated.Secondly,we should correct legislative name,adjust legislative content and revise legislative structure to reshape stylistic rules and layout of the public cultural service legislation,and then use the legislative language accurately,properly and concisely to realize the standardization of the legislative language,thus enhancing technical level of public cultural service legislation.Thirdly,we should integrate motivators,refine incentive measures,set incentive procedures and use normative words reasonably to enrich incentive legal norms.We can realize standardized setting of legal liability norms by improving the logical structure of legal norms,clarifying and effectively linking legal liability norms.Finally,it should be clear that the subject's rights and responsibilities should be protected to ensure the effective investment of funds,and the evaluation criteria of funds should be improved to improve the use performance of funds,so as to enrich the relevant capital regulations.