Chinese Culture News reporter Qu Wei reported: On the eve of the National People’s Congress, the Law of the People’s Republic of China on Intangible Cultural Heritage was approved by the Standing Committee of the National People’s Congress. After learning the news, the cultural circles felt extremely excited, because after a long wait, they finally hoped for the birth of the Intangible Cultural Heritage Law. More importantly, the promulgation of this law will accelerate the pace of cultural legislation.
At the symposium held recently on the implementation of the “Intangible Cultural Heritage Law”, Cai Wu, secretary of the Party Group of the Ministry of Culture, pointed out that “the laws and regulations in the field of culture are an important part of the socialist legal system with Chinese characteristics and are fully implemented.” The concrete manifestation of “ruling the country according to law” has a basic and overall role in cultural construction. Over the past 30 years of reform and opening up, China’s cultural legislation has made great progress, and a number of cultural laws and regulations have been promulgated, initially forming a cultural heritage. Protection, intellectual property protection, public cultural services, cultural market management and other comprehensive legal systems. But in general, the legal level of cultural construction is still low, and the system is still very imperfect.” During the two sessions, the reporter is concerned with cultural legislation. The issue interviewed some representatives of the National People’s Congress, members of the National Committee of the Chinese People’s Political Consultative Conference, and relevant people involved in cultural legislation in the cultural system, and explored the experience gained in cultural legislation and the remaining problems.
The formation of a cultural and legal system
Since the reform and opening up, China’s cultural legislation has made great progress. In 1982, the “Protection of Cultural Relics” was promulgated, followed by the “Copyright Law” and the “Archives Law” related to culture. The “Intangible Cultural Heritage Law” recently passed by the Standing Committee of the National People’s Congress is another important law in the cultural field in the past 30 years since the promulgation of the Cultural Relics Protection Law. It has not only enhanced the level and level of cultural legislation, but also enriched China. The content of the legal system is a milestone in the legislation of cultural construction. At the same time, the State Council has also formulated a series of relatively complete administrative regulations, such as the Regulations on the Administration of Audiovisual Products, the Regulations on the Administration of Commercial Performances, the Regulations on the Administration of Entertainment Places, the Regulations on the Administration of Internet Internet Service Business Sites, and 11 major cultural administrative regulations, such as the Regulations on Public Cultural Sports Facilities, the Regulations on the Protection of the Great Wall, the Regulations on the Implementation of the Cultural Relics Protection Law, the Regulations on the Protection of Water Substances, and the Administrative Measures for Archaeological Foreign Affairs.
The Ministry of Culture has also promulgated the “Detailed Rules for the Implementation of the Regulations on the Management of Commercial Performances”, “Interim Provisions on the Administration of Internet Culture”, “Measures for the Administration of Examinations for Social Art Levels”, “Administrative Measures for Township Comprehensive Cultural Stations”, and “Administrative Measures for Cultural Relics Protection Projects”, 48 departmental regulations such as the “Measures for the Administration of Museums” and the “Interim Measures for the Protection and Management of National Intangible Cultural Heritage”. In addition, various localities have successively promulgated the “Beijing Library Regulations”, “Anhui Province Cultural Market Management Regulations”, “Guangdong Province Cultural Facilities Regulations”, “Yunnan Province National Folk Traditional Culture Protection Regulations”, “Jiangsu Province Intangible Cultural Heritage Protection” More than 150 local cultural regulations, such as the Regulations and the “Shenzhen Cultural Industry Promotion Regulations”, fill the gaps in the legislative level. Cultural legislation needs to be upgraded
“It should be noted that the current cultural legislative work and cultural legalization construction are still relatively weak compared to other areas of the economy and society.” Wang Jianhua, director of the Policy and Regulations Department of the Ministry of Culture, said: “The number of cultural legislation is obviously insufficient, and cultural legislation The level is relatively low, most of which are administrative regulations, local regulations or normative documents, the level of effectiveness is low, and the coverage is narrow. The cultural laws and regulations introduced mainly focus on cultural relics, non-legacy protection and cultural market management.
Zhu Bing, director of the Cultural Affairs Office of the National People’s Congress Education, Culture, and Health Committee, believes that one of the main reasons for the lag in the development of cultural legislation is that the previous emphasis on cultural construction is not enough, but with the change of concepts, this situation has changed a lot. Second, limited funding has also restricted the process of cultural legislation. In addition, the experts also pointed out that the weak theoretical research on cultural legal system and the lack of scientific and unified legislative guidance have also restricted the process of cultural legislation to some extent.
Wang Jianhua believes that in addition to objective reasons, the legal awareness of cultural workers needs to be strengthened. For a long time, some cultural people have relatively weak legal awareness, and the awareness of using legal means to manage cultural undertakings is obviously insufficient. Therefore, the cultural field needs to establish a full-time legal system. Only a large number of people who understand the law can enrich the cultural team and promote cultural legislation from the entire social level.
The need for cultural legislation is increasingly urgent
Zhan Furui, deputy to the National People’s Congress, secretary of the National Library Party Committee, and deputy director of the National Library, has proposed the promotion of the Public Library Law for three consecutive years. What makes him happy is that the “Public Library Law” has been included in the legislative plan of the National People’s Congress and the legislative plan of the State Council. “Public libraries are important in the public cultural service system, and there are many problems. The most need for legal support and policy environment.” Zhan Furui said, but in the long-term development process, due to the inability to rely on and can not be justified, it has indeed affected public books. The development of the library business, such as the shortage of talents, funds, equipment, etc., restricts the development of public libraries and also affects the provision of corresponding services for citizens. “The adoption of the Intangible Cultural Heritage Law has made us very excited, and it has also increased confidence in promoting cultural legislation,” said Zhan Furui.
As early as the 10th National People’s Congress, Li Yuying, deputy of the National People’s Congress, deputy director of the Propaganda Department of the Jiangxi Provincial Party Committee and director of the Provincial Department of Culture, called for the promotion of cultural legislation. Now she is more deeply aware of the urgency of cultural legislation. Accelerated and the demand for culture is getting higher and higher. In this context, culture should be on the rule of law as soon as possible.”
“In recent years, the central government has strengthened the construction of a public cultural service system and has become an important task for the national culture to benefit the people. However, the state’s financial investment in culture has not increased.” Li Yuying said that the state requires all levels of government to follow The financial growth rate, the financial income of not less than 1% is used for the development of cultural undertakings, but except for a few economically developed regions, the central and western regions basically fail to meet this requirement. Li Yuying said that the state must implement public cultural services on every land and every person in China, and must have sufficient funds for the construction of public cultural facilities. This requirement is difficult to achieve without legislation.
Similarly, due to the lack of legal guarantees, policies related to the development of cultural industries are also difficult to implement. In particular, some departmental policies are even more difficult to guarantee if they are not identified by authoritative departments. “I found in Jingdezhen that Jingdezhen Ceramic Research Institute is a state-owned cultural enterprise. The annual operating income is tens of millions of yuan, and the taxes paid to the state are several million yuan. According to the regulations, these millions of yuan can be returned. Some of them give the enterprise the necessary funds for industrial development, but it is difficult to implement in the implementation process. The relevant departments will say that this has no specific legal requirements and is not honored.” Li Yuying said.
“I went to a township cultural station to investigate and met a comrade in charge of the cultural station. He has been working there for more than ten years and has deep feelings. But he is very bitter to say, ‘cultural career is very “Important, but the actual implementation is very small.”” Wang Jianhua said, “The same is the work, others can have a series of titles, treatment, and some cultural stations, the mass cultural center related personnel can not enjoy, so formed The sense of responsibility is completely different, and these issues need to be resolved by the legal system.”
The Intangible Cultural Heritage Law provides a useful reference for cultural legislation
“Legislation is to raise the established and effective policies of the party and the state into law, to raise some of the regular understandings we have summarized in practice into laws, to fix them in the form of legal systems, not to be human. Change the will, not change because of people’s likes and dislikes.” Zhu Bing said.
The promulgation of the Intangible Cultural Heritage Law can be said to provide useful lessons for other legislation in the cultural field. Huang Wei, deputy director of the Administrative Law Office of the Legislative Affairs Commission of the National People’s Congress, participated in the research and revision process of the Intangible Cultural Heritage Law. She said that the work of intangible cultural heritage has accumulated a lot of experience in the previous practice, the investigation system, Many systems, such as the construction of the directory and the identification of the inheritors, have matured. Moreover, the State Council has issued relevant documents, and the Ministry of Culture has issued a number of regulations. Some local laws such as Yunnan and Guizhou have also gone ahead and introduced local laws and regulations, which have provided a good foundation for the state to enact a law.
“The Intangible Cultural Heritage Law raises the work of non-legacy protection to the national level, which is a huge improvement and will play an important role in promoting the next step of development.” Li Yuying said, “after the non-legacy legislation, it is not only the relevant departments. Responsibility, and the whole society and all citizens should have this awareness to protect the intangible cultural heritage of the country.” She also hopes that the government will introduce some specific operational regulations and provisions to implement the Intangible Cultural Heritage Law. On the executable level. Tian Qing, a member of the National Committee of the Chinese People’s Political Consultative Conference and a researcher at the China Academy of Art, said that he will submit proposals at the two sessions this year and propose to further improve the Intangible Cultural Heritage Law. “The Intangible Cultural Heritage Law should clearly establish an exit mechanism. Even if it enters the fourth-level list, it will not be able to do it once and for all. Only in this way can we solve the phenomenon of re-declaration and light protection.” Tian Qing said.