The Significance and Basic Problems of the Promotion Law of Cultural Industry
The promotion law of cultural industry shows the importance of the state to the cultural industry and the high recognition of the value of the cultural industry, which is a major change in the way the state promotes the development of the cultural industry. To bring the development of cultural industry into the orbit of rule of law, create a good legal, policy and social environment for the development of cultural industry, and provide a clear legal basis for the government to promote the development of cultural industry. The promotion method of cultural industry is of great significance in many aspects. Read through the draft, feel the deepest, or say, the most significant significance of cultural industry promotion law is that nearly 20 years of national basic experience and effective mode to promote the development of cultural industry has risen to law, to be determined in the form of law.
The basic experience and effective mode of promoting the development of cultural industry in China is government-led. The distinctive feature of the type of cultural industry policy is the government-led "dual biased" structure: adhere to the dual orientation of cultural policy and industrial policy, and pay more attention to cultural policy. The basic experience and effective mode of our government's leading promotion of cultural industry development are reflected in the draft which transforms effective cultural industry policy into legal system and legal provisions; the policy structure of "dual bias" cultural industry is mainly reflected in the draft's provisions on the direction of cultural industry development and adherence to them. Relevant system design and arrangement of giving priority to social benefits, integrating social benefits with economic benefits. It can be seen from this that the relevant departments have successfully completed the legislative task of the law on the promotion of cultural industries proposed by the Fourth Plenary Session of the Eighteenth Central Committee of the Party. The Law on Promotion of Cultural Industry will lay a solid legal system foundation and legal guarantee for the high quality development of Chinese cultural industry, that is, healthy, rapid and sustainable development.
Cultural industry is an industry that contains many industries and categories. How to effectively promote such an industry with many industries and categories with a law is a great challenge. Through the particularity of many industries and categories in the cultural industry, the draft attempts to grasp the commonness, that is, the value chain, to promote the long-term and fundamental problems in the value chain that cannot be solved by market mechanism or at least in the short term.
The Promotion Law of cultural industry is a "soft law". In order to strengthen the legal effect, the draft specifically sets up a chapter of legal liability, which clearly defines the dereliction of duty and dereliction of duty of government departments, the illegal liability and dishonesty of market subjects, and other cases of accountability, and stipulates corresponding penalty measures. In order to ensure the demonstration of good behavior of cultural products and creators, Article 72 also stipulates that the creators are subject to criminal penalties and have adverse social effects. The competent authorities of the governments at or above the county level may take measures to restrict the entry of relevant cultural products and services into the field of communication within a certain period of time. Fixed.