Research On The Legal Issues Of My Country's Cultural Industry Market Supervision

In the past 40 years of reform and opening up,China's cultural market has gone through four stages: establishment,development,industrialization and continuous improvement,and has initially formed a comprehensive market including cultural product market,cultural service market and cultural factor market.The legal system of cultural market supervision was established with the rise of cultural industry and the development of cultural market in China.Market economy is an economy governed by law.Promoting the construction of legal system for supervision of cultural market is of great significance to safeguard and promote the healthy development of cultural industry and market,to promote opening up and international integration,and to build a socialist country governed by law.The legal system of cultural market supervision mainly includes legislation of cultural market supervision and its implementation.Based on the particularity of cultural market and the complexity of cultural market supervision,China has always attached great importance to the legal construction of cultural market supervision,and has done a lot of work.In terms of legislation,the legal system of cultural market supervision in China,which is composed of laws,government regulations and local regulations,has been initially established,and cultural market supervision has gradually moved from "rule by man" to "rule by law".However,there are still some problems in the legal system of cultural market supervision in China,such as the low level of legislation,the conflict of blank and blind spots in laws and regulations,the promotion of departments' regulations and policies,the lag of legislation,the absence of laws and regulations in the supervision of emerging cultural markets,the single subject of cultural market supervision and the obsolete way of supervision.The reform of China's cultural comprehensive law enforcement system has centralized and integrated law enforcement forces,and two law enforcement modes of "authorized" and "entrusted" have been widely implemented.The reform of the comprehensive law enforcement system of culture has gradually straightened out the law enforcement system of culture and improved the efficiency of law enforcement.But there are also some problems,such as the lack of independence of decision-making and implementation,the lack of unity of powers and responsibilities,the incomplete delegation of authority and other institutional defects,and the mode of movement,surprise,emphasis on entity,light on procedure and other law enforcement methods.Therefore,China needs to further promote the legal construction of cultural market supervision from three aspects: legislation,law enforcement and sound supervision system.First,we need to update the legislative concept,promote legislative reform,broaden the legislative field,enrich the legislative content,and establish and improve the legal system of cultural market supervision.Secondly,we should deepen the reform of cultural law enforcement system,further clarify the responsibilities and legal status of law enforcement agencies;innovate law enforcement methods,institutionalize law enforcement system of cultural market supervision;strictly enforce law enforcement procedures and protect the rights of administrative counterparts;establish coordination mechanism between law enforcement and management departments,integrate law enforcement resources,and improve the institutional mechanism of cultural market supervision and law enforcement.Thirdly,we should establish a legal supervision system based on cultural market and give full play to the roles of market,government and society to form a supervision system of market regulation,government supervision according to law,self-discipline of business practitioners,participation of social forces and modern science and technology.