Request for Instructions concerning Using Economic Sanction Methods to Strengthen Publishing Management.

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Considering certain negative influences of readers among the people and especially youth, and considering differentiating the use of paper resources and printing capacity in order of importance and urgency, some book assortments and printing shall be subject to the necessary control. For this, the Ministry of Culture and the State Publishing Bureau have made a series of regulations. But some publishers one-sidedly pursue profit, do not implement the relevant regulations, resulting in the fact that that books that should be controlled cannot be effectively controlled. Furthermore, some non-publishing work units have also compiled and printed excessive numbers of books in pursuit of profit, and it has been impossible to curb this for a long time as well. In order to implement the Party’s publishing policy and strengthen publishing management, apart from continuing to strengthen administrative measures, we have considered supplementing them with rules on economic sanctions. After consultation  with the Ministry of Finance and the State Administration of Industry and Commerce, the following provisions have been drafted:

(1) Where publishers violate regulations and publishing books that should be limited without authorization, or increase print quantity in excess of the permitted quantity on their own initiative, the illegal income from unauthorized publication or initiative to increase printing quantities is completely confiscated. Repeat offenders are also fined.

(2) Publication of obscene and other banned books and periodicals, as well as all sorts of books published by non-publishing work units (including newspaper publishers, magazine publishers and other work units), fall under illegal publications, may not be sold to any work unit or individual, and as soon as they are discovered, the illegal income and the books or periodicals are completely confiscated. Where circumstances are grave, fines are also imposed, and the responsibility of the responsible person investigated.

(3) The illegal income from printing plants undertaking the printing of illegal publications is completely confiscated. Where circumstances are grave, fines are also imposed, and the responsibility of the responsible person investigated.

The above regulations are respectively implemented by administrative publishing management organs, and administrative industry and commerce management organs, problems discovered in the process of book compilation or printing, are dealt with by administrative publishing management organs; problems happening in the area of circulation, are dealt with by administrative industry and commerce management organs, illegal income obtained in violation of regulation and fines are handed over by the administrative industry and commerce management organ to the local finance administration. Matters happening in the Beijing region (including in Central first-level work units), according to the above principle of the division of work, are dealt with by the Beijing administrative publishing management organ and administrative industry and commerce management organ. Categories, sorts and execution time of books that should be controlled, are stipulated explicitly by the State Publishing Bureau on the basis of the real circumstance, and notified to administrative publishing, financial, industry and commerce and other management departments. All levels’ finance and taxation departments supervise implementation according to the decision of the administrative publishing and industry and commerce management organs. Funding needed to investigate and prosecute the abovementioned breaches of regulations may be settled by withdrawing 20-30% from the income collected through fines, after examination and approval by all levels’ finance departments.

Ministry of Culture, Ministry of Finance, State Administration of Industry and Commerce.

关于利用经济制裁手段加强出版管理的请示

考虑到民者特别是青少年读者的某些消极影响,考虑到以纸张资源和印刷能力的使用分别轻重缓急,有些图书的品种和印数都应当加以必要的控制。对此,文化部和国家出版局作了一系列规定。但有些出版社片面追求利润,不按有关规定执行,使该控制的图书得不到有效控制。此外,某些非出版单位为了赚钱也滥编滥印图书,并且长期得不到制止。为了贯彻党的出版方针,加强出版管理,除继续加强行政措施之外,我们考虑辅之以经济制裁的办法。经与财政部和国家工商行政管理局商量,拟作如下规定:

(一)出版社违反规定,擅自出版应当限制的图书,或超出批准的印数自行追加印数,其擅自出版或自行追加部分所得的非法收入,全部没收。重犯的并处以罚款。

(二)出版淫秽等违禁书刊以及非出版社单位(含报社、杂志社和其他单位)出版的各类图书,属于非法出版物,不准任何单位或个人经销,一经发现,其书刊和全部非法所得予以没收。情节严重的,并处以罚款,追究负责人的责任。

(三)印刷厂承印非法出版物的非法所得全部没收。情节严重的,并处以罚款,追究单位领导人的责任。

上述规定由各地出版行政管理机关、工商行政管理机关分别执行,在编排、印刷过程中发现的问题,由出版行政管理机关处理;在流通领域发生的问题,由工商行政管理机关处理,违反规定所牟取的非法所得和罚款由工商行政管理机关查交当地财政。北京地区发生的(包括中央一级单位),按上述分工原则,由北京出版行政管理机关和工商行政管理机关查处。应当控制的图书门类、品种和执行时间,由国家出版局根据实际情况明文规定并通知出版、财政、工商行政管理等有关部门。各级财税部门按出版和工商行政管理机关的决定,监督执行。查处上述违章行为所需费用,经各级财政部门审查批准后,可在入库的罚没收入中20-30%以内退库解决

文化部、 财政部、 国家工商行政管理局

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