Study On The Legal Relation And Responsibility Of Each Subject In Cultural Card Benefit To The People

In order to implement the spirit of the 19 th CPC national congress and the development strategy of developing a strong cultural country,the government has increased financial input in the public cultural service industry.Cultural Card Benefit to the People in the provinces and cities in full swing.Due to the complexity of the subjects involved in the Cultural Card Benefit to the People,there are disputes in the identification of the legal relationship between the subjects,and the identification of responsibility is not clear enough to solve the problems among the subjects of the Cultural Card Benefit to the People.This paper intends to study from the perspective of the contract law,analyze the legal relationship between the subjects of the Cultural Card Benefit to the People,and clarify the responsibilities of the subjects in the Cultural Card Benefit to the People,so as to have a further understanding of the contractual relationship in the Cultural Card Benefit to the People.The main body of the article consists of the following four parts.The first part is the Cultural Card Benefit to the People definition and the main legal issues involved.This paper analyzes the characteristics of the government's purchase of public cultural services,the way of pre-paid consumption and the real-name card system,and defines the Cultural Card Benefit to the People.Through the way of questionnaire analysis,the main legal problems in the Cultural Card Benefit to the People are summarized and sorted out.The second part is the research on the nature and responsibility of the legal relationship between the government and the cooperative units.It is a problem in practice that the nature of the two contracts is not clear,and whether the government enjoys the right of administrative superiority or not.This paper compares and analyzes the advantages and disadvantages of the two contracts,namely the administrative contract,the administrative private law contract and the civil contract,and finally thinks that the two belong to a special legal relationship of civil contract.At the same time,according to the management responsibility of the government to the cultural benefit card,it is believed that the government should have the right to unilaterally remove and change the cultural benefit card,and should be subject to certain restrictions.Taking the case of hua-jian 'an science and technology Beijing co.,as the introduction point,this paper analyzes the responsibilities of the government and the cooperative units in the project.The third part is the research on the nature and responsibility of the legal relationship between the government and consumers.When the government does not undertake the work of card handling,according to the third party principle of the contract,it comes to theconclusion that consumers do not belong to the other party of the contract,but the third party of interests.When the government undertakes the work of card issuing,the two establish an independent consumer service contract relationship.On this basis,the government's responsibility to consumers and the consumer's responsibility to the government are analyzed.The fourth part is the research on the nature and responsibility of the legal relationship between cooperative units and consumers.This part mainly involves the use and expiration of the Cultural Cards Benefit to the People,the protection of consumer personal information,the responsibility of the card issuer and the actual operator.This paper analyzes the validity of the pre-payment consumption type of the Cultural Card Benefit to the People and the invalid terms of the standard contract,aiming at the problem of clearing the period of use and expiration of the Cultural Card Benefit to the People.In view of the protection of consumers' personal information,some preliminary Suggestions are put forward.For example,establishing the risk assessment mechanism of personal information privacy in the Cultural Card Benefit to the People,broadening the protection mode of personal information in the Cultural Card Benefit to the People,and clarifying the attribute of personal information rights in the legislation;In view of the problem of liability undertaking between the card issue and the actual operator,the author classifies the contract between the card issuer,the actual operator and the consumer as two independent consumption service contracts according to the theory of compound contract.