Notice concerning Nationwide Publisher Rectification of Cooperative Punishing, Printing and Distribution Agency

Posted on Updated on

Cooperative publishing is a new method that emerged during publishing reform, its original idea is using social forces to expand capital sources, and resolve the problem that academic works, and books in the areas of natural science and engineering technology are difficult to publish. This sort of method has, since trials in 1984, had a certain vigorous function in mitigating the difficulties of academic works. But also, not a few problems have arisen. Because of this, in June 1986, the State Publishing Bureau decided to provisionally cease cooperative publishing business, conduct investigation and rectification, and in May 1988, the Administration of Press and Publications published the “Some Opinions concerning Present Publishing House Reform”, which confirmed the function of cooperative publishing, printing and distribution agency in resolving the publication difficulties of academic works, and at the same time, in order to overcome abuses, put forward the requirement to strengthen management. In January 1989, the Administration of Press and Publications also published the “Supplementary Provisions concerning Cooperative Publishing, Printing and Distribution Agency”. These two documents clearly provided the objectives of cooperative publishing, the scope of cooperative publishing of books (at present, this shall be limited to academic works, and works in the natural science, engineering and technology areas), cooperation partners (at present limited to State scientific research and education work units, organs and State-run enterprise and undertaking work unit, they cannot be collectives or individuals), as well as the fact that the manuscript of cooperatively-published books must undergo final examination and final proofreading by the publisher; it also made clear provisions concerning some questions in printing and distribution agency.

Even so, not a few publishers did not heed this, do not abide by discipline, and repeatedly violate the above provisions, which created a gravely confused situation in the book publishing area. At present, the absolute majority of books with problematic content have entered the book market through the cooperative method. “Dream of Roses”, of which everyone knows it is obscene, “Time of Joy”, “Spring Dream of a Beautiful Woman” and “Wilderness Romance” that have grave sexual and obscene content, as well as “Forecasting the Human Life”, “Mutually Learn and Analyze” that propagate ignorant superstition and violate science have all been cooperatively published. Publishers don’t even have a means to control book content. One publisher published a novel in cooperation with some work unit, after the book was published, not only were sexual descriptions that the publisher required the author to delete kept, but sexual descriptive content that the publisher had basically not seen in the original manuscript was added. Not a few cooperatively books’ covers or illustrations, or even book names, are all decided without authorization by the side cooperating with the publisher. The cooperating side also does not abide e by the contract, and wilfully expands printing numbers. Of many cooperatively published books, publishers do not know how many were printed in the end. For example, “Forecasting the Human Life”, according to the contract, was to be printed in 100.000 copies, but in reality, 360.000 were printed, and yet another work unit printed 300.000 pirate copies. The cooperating side, in order to race against the clock and occupy the market, allowed bad quality in terms of typesetting, printing and binding, and books are even roughly manufactures. “On Lin Biao”, published in cooperation by a publisher, contained more than 700 mistakes in the entire book.

Not only this, but in cooperative publishing, some publishers seize the opportunity to indiscriminately collect management fees, from the responsible editor and the editorial department head to the head of the publisher or the editor-in-chief, everyone has a share, gravely corrupting publishing and editing teams. Some individual booksellers directly give money into the hands of editors, this is essentially offering and taking bribes.

What merits special attention is that, since some time, the trend of selling book numbers under the name of cooperative publishing has come in vogue. Although publishers gain some economic income, but the absolute majority of money flows into the purse of collective and individual booksellers. For example, the book “Dream of Roses”, gained some tens of thousands of Yuan for the publisher, but the broker for this book gained more than 900.000 Yuan. Some booksellers publish two or three editions may gain more than a million, they also dare to pretend to be under the risk of investigation and prosecution. This sort of trade in book numbers, in reality is selling the publishing rights entrusted by the state to publishers, selling the good name of the publisher, and damaging the reputation of the publisher.

The matters listed above al violate the regulations on cooperative publishing, printing and distribution agency, are a prominent manifestation of “decrees not being implemented, prohibitions are not carried out” and “putting money above all else” in publishing work units, it runs completely counter to the Socialist publishing policy, gravely harms the Socialist printing undertaking. Publishing work units, for the sake of earning money, do not want posterity, do not want a Socialist spiritual civilization, if this sort of degenerate and backward activity is left to develop, it will gravely destroy our publishing reform, and bring incalculable harm upon our country’s publishing undertaking. In order to rapidly reverse this situation, the Administration of Press and Publications has decided to adopt firm and decisive measures, to further rectify cooperative publishing, and printing and distribution agency. Hereby the relevant matters are provided as follows:

(1) The principles and time scope of rectification

This rectification of cooperative publishing, printing and distribution agency is an important measure in publishing departments implementing the spirit of the 4th Plenum of the 13th Party Congress, and is also the continuation of the policy of improvement and rectification of the 3rd Plenum. The spirit of one centre and two basic points must be maintained in terms of guiding ideology, and the mistaken tendencies of bourgeois liberalization and “putting money before all else” must be firmly opposed.

Rectification has the Central Propaganda Department and Administration of Press and Publications “Some Opinions concerning Present Publishing House Reform” of 6 May 1988 and the Administration of Press and Publications “Supplementary Provisions concerning Cooperative Publishing, Printing and Distribution Agency” of 17 January as the main basis.

This rectification of cooperative publishing, printing and distribution agency mainly inspects and rectifies the activities violating discipline dating from after the joint promulgation of the “Some Opinions concerning Present Publishing House Reform” by the Central Propaganda Department in May 1988. Acts violating discipline dating from after the promulgation of the “Supplementary Provisions” in February 1989 must be the focus of inspection, and severely punished.

(2) The content of rectification, the principles and competences of handling

On the basis of the spirit of the State Council-approved, Ministry of Culture, Ministry of Finance and State Administration of Industry and Commerce “Concerning the Request for Instructions on Using Economic Sanction Methods to Strengthen Publishing Management, this rectification of cooperative publishing, printing and distribution agency, apart from continuing coercive administrative measures, is also necessary to conduct economic sanctioning.

I, For all books violating cooperative publishing, printing and distribution agency regulations (including infringement concerning the permitted scope of cooperative publishing, the cooperative publishing partner, not having undergone final examination and final proofreading, as well as using book numbers to publish periodicals), the profit of both cooperating sides is confiscated without exception, and handed over to the local finance department.

II, For all books both violating regulations on cooperative publishing, printing and distribution agency, and having problems on the side of content, the publisher, apart from being punished and the profits confiscated according to relevant laws and administrative regulations, will also be fined. Where this sort of books is published after February 1989, it must be punished severely, and the fine must be five times or more the profits gained. Problems on the side of content mainly refers to the following sorts of situation:

(1) cooperative publications with special subjects that must be specially examined and approved, and have not been specially examined and approved;

(2) having political viewpoints that violate the Four Cardinal Principles or propagate bourgeois liberalization;

(3) having obscene, sexual, violent or murderous content;

(4) although not constituting obscene or sexual content, being harmful to the physical and mental health of minors;

(5) propagating ignorant superstition, propagating physiognomy, fortune-telling or feng shui

(6) having other grave problems of content.

III, Where partners cooperate with publishers changing content or adding print numbers in violation of contract, apart from confiscating profit, a fine of five times or more the profit is also imposed.

IV, Where it is verified that activities of selling book numbers or covertly selling book numbers have taken place, apart from confiscation of income from selling book numbers and a grave fine, the punishment of cessation of business for rectification or registration cancellation must also be imposed on publishers. Where matters are concealed and not reported, this must be punished severely as soon as they are discovered. Publishers violating cooperative publishing, printing and distribution agency regulations, committing repeated violations and having grave problems, must be punished with cessation of business for rectification and cancellation of registration; at the same time, the responsibility of the leading individuals of the publishers must also be investigated, to the point where they are dismissed from office; where laws are violated, legal responsibility shall be punished. The responsible individuals must also be punished.

V, Punishment powers concerning violations of cooperative publishing, printing and distribution agency regulations.

For punishment of local publishers (including district and city publishers, university publishers within the jurisdiction and the publishers of other systems), the provincial, autonomous region or municipal press and publications bureau makes decisions, and reports these to the Administration for Press and Publications for filing.

For punishment of central-level publishers (including all departments’ publishers and university publishers), the Administration for Press and Publications makes decisions together with the Beijing Municipal Press and Publications Bureaus, Publishing Controlling Departments conduct investigation and prosecution, punishment decisions are made by the Administration for Press and Publications.

If any locality or any departments inappropriately punishes issues of violating cooperative publishing, printing and distribution agency or they punish tardily or not at all, the Administration of Press and Publications may impose punishment directly or separately.

VI, All publishers shall, after receiving this Notice, earnestly mobilize the masses, strictly investigate matters and conduct rectification. Those earnestly investigating problems, may be treated leniently at the time of punishment, those concealing matters and not reporting them, must be punished severely. Where those knowing of matters report them, this shall be earnestly verified and strictly punished, the informant shall be given a reward.

(3) The leadership over rectification work

All provincial, autonomous region and municipal press and publications bureaus and all Central publishers’ higher-level controlling departments must strengthen leadership over this rectification work, make deployments, put forward requirements, and investigate guidance. All provincial, autonomous region and municipal press and publications bureaus must firmly punish problems, and may not be soft-hearted.

All provincial, autonomous region and municipal press and publications bureaus must grasp the rectification of all publishers in their jurisdiction, including directly subordinate publishers, district and city publishers, as well as university publishers within their jurisdiction and publishers from other systems.

For central-level publishers’ rectification work must be led by all controlling ministries and commissions, publishers where there are many problems, apart from rectification under the lead of the controlling department, the Administration of Press and Publications and the Beijing Municipal Press and Publications Bureau must also conduct investigation and punishment in coordination with the controlling department.

For rectification work for university publishers directly subordinate to the Centre, the State Education Commission’s relevant department is requested to supervise and guide matters. Rectification work for publishers in the military system, the General Political Department’s relevant department is requested to supervise and guide matters.

(4) Summary of rectification work

After conclusion of rectification work, publishers must write up a special report, which is examined and verified by the provincial, autonomous region and municipal press and publications bureau or the controlling ministries and commissions of Central publishers. The report includes: the main problems found out during the investigation in the rectification work, the handling situation, and measures for improvement work. All provincial, autonomous region and municipal press and publications bureaus must make a comprehensive analysis of the rectification situation of publishers in their jurisdiction (including book publishing categories, cooperative publishing, printing and distribution agency categories, as well as categories violating regulations). The summary report of all publishers must be reported to the provincial, autonomous region and municipal press and publications bureau for comprehensive analysis, and these are to be reported to the Administration of Press and Publications within one month after conclusion of rectification work.

This rectification work generally must be concluded before 10 September. Where rectification work has not been concluded at that time, publishers may not launch new cooperative publishing, printing or distribution agency programmes.

(5) From the date of issuance of this notice, in all cases of violation of regulations on cooperative publishing, printing or distribution agency, apart from a severe fine and prosecution of responsibility of leaders, the punishment of registration cancellation must also be imposed.

新闻出版署关于在全国出版社整顿协作出版、代印代发的通知

协作出版是出版改革中出现的一个新作法,它的本意是利用社会力量,扩大资金来源,解决学术著作、自然科学和工程技术方面图书出版难的问题。这种作法自1984年试行以来,对缓解学术著作出版难起了一定的积极作用。但也出现过不少问题。因此,1986年6月,国家出版局决定暂停协作出版业务,进行检查和整顿,1988年5月,新闻出版署与中宣部联合发出《关于当前出版社改革的若干意见》,肯定了协作出版、代印代发对于解决学术著作出版难的作用,同时为了克服弊端,提出了加强管理的要求。1989年1月,新闻出版署又发出《关于协作出版、代印代发的补充规定》。这两个文件明确规定了协作出版的目的、协作出版图书的范围(目前应限于学术著作、自然科学和工程技术方面的著作)、协作的对象(目前应限于国家科研、教学单位、机关和国营企事业单位,不能是集体和个人),以及协作出版的书稿要经过出版社终审、终校等;对代印、代发的有关问题也作了明确规定。

然而,不少出版社不听招呼,不守纪律,一再违反上述规定,造成了图书出版方面的严重混乱状况。目前大多数内容有问题的图书都是以协作出版的方式进入图书市场的。众所周知的淫秽图书《玫瑰梦》,有严重色情淫秽内容的《销魂时分》、《丽人春梦》、《荒野奇缘》,以及宣扬愚昧迷信,违背科学的《人生预测》、《相学解析》均为协作出版。出版社连图书内容也无法控制。一家出版社与某单位协作出版一本小说,书出版后,不但出版社要求作者删掉的性描写部分仍然保存,而且增加了出版社在原稿上根本没有见到的性描写内容。有不少协作出版的图书的封面、插图,甚至书名都由与出版社协作的一方擅自决定。协作对方还不遵守合同,随意扩大印数。有很多协作出版的图书,出版社不知道究竟印了多少。例如《人生预测》,合同上写明印10万册,实际上印了36万册,又被另一单位盗印30万册。协作对方为了抢时间、占市场,排、印、装质量都很差,甚至粗制滥造。一家出版社协作出版的《林彪传》,全书居然有700余处错误。

不仅如此,在协作出版中,有的出版社借机乱收管理费,从责任编辑、编辑室主任到社长、总编辑,人人有份,严重腐蚀出版编辑队伍。有的个体书商直接将钱送到编辑手中,实质上是行贿受贿。

尤其值得注意的是,一个时期以来,借协作出版之名买卖书号之风盛行。出版社在经济上虽有所得,但大部分钱流入集体、个体书商的腰包。如《玫瑰梦》一书,出版社得利几万元,而此书的经纪人却能获利90余万元。有的书商出二三本书就可获利百万以上,他们也就敢于冒被查处的风险。这种以书号进行的交易,实际上是出卖国家赋予出版单位的出版权,是出卖出版社的名声,败坏出版社的声誉。

以上所列,都违背了协作出版、代印代发的规定,是当前出版单位“有令不行,有禁不止”、“一切向钱看”的突出表现,与社会主义的出版方针完全背道而驰,严重地侵蚀了社会主义的出版事业。出版单位,为了赚钱,不要后代,不要社会主义精神文明,对这种腐败堕落的行为,如果任其发展,将严重地破坏我们的出版改革,给我国的出版事业带来不可估量的危害。为了迅速扭转这一局面,新闻出版署决定采取坚决果断的措施,进一步整顿协作出版和代印代发。现将有关事项规定如下:

(一)整顿的原则和时间范围

这次整顿协作出版、代印代发是在出版部门贯彻十三届四中全会精神的重要措施,也是贯彻三中全会治理整顿方针的继续。在指导思想上一定要坚持一个中心、两个基本点的精神,坚决反对资产阶级自由化和“一切向钱看”的错误倾向。

整顿以1988年5月6日中宣部和新闻出版署《关于当前出版社改革的若干意见》、1989年1月17日新闻出版署《关于协作出版和代印代发的补充规定》为主要依据。

这次整顿协作出版、代印代发,主要检查、整顿从1988年5月中宣部、新闻出版署联合发布《关于当前出版社改革的若干意见》下达以来的违纪活动。对于1989年2月《补充规定》下达以来的违纪活动要作为重点加以检查,从严处理。

(二)整顿的内容、处理的原则和权限

根据国务院批准的文化部、财政部、工商行政管理局《关于利用经济制裁手段加强出版管理的请示》精神,这次整顿协作出版、代印代发,除继续加强行政措施之外,还要进行经济制裁。

一、凡违反协作出版、代印代发规定的图书(包括违反协作出版图书范围、协作出版对象、未经过终审终校以及以书号出刊等问题),协作双方利润一律没收,上交当地财政部门。

二、对既违反协作出版、代印代发规定,内容方面又有问题的图书,对出版社除按有关法律、行政规定进行处理和没收利润以外,还要加处罚款。此类违纪图书在1989年2月以后出版的,要从重处罚,罚款数额要在所得利润的5倍以上。内容方面的问题,主要指下列几种情况:

(1)选题需经专题报批而未经报批便协作出版的;

(2)政治上有违背四项基本原则、宣传资产阶级自由化观点的;

(3)有色情淫秽、暴力、凶杀内容的;

(4)虽然构不成色情淫秽内容,但格调低下,有害于青少年身心健康的;

(5)宣扬愚昧迷信,宣传看相、算命、看风水的;

(6)其他内容有严重问题的。

三、与出版社协作的对方违背合同更改内容或增加印数的,除没收利润外,加处利润5倍以上的罚款。

四、经查证落实确属卖书号或变相卖书号行为的,除没收卖书号所得利润和从重罚款之外,对出版社还要给以停业整顿或撤销登记的处分。隐瞒不报,如经发现要加重处罚。对违反协作出版、代印代发规定,一犯再犯,问题严重的出版社,要给予停业整顿和撤销登记的处分;同时,还要追究出版社领导者个人的责任,直至撤销职务;违反法律的,应追究法律责任。对有关责任者个人,也要予以处分。

五、对违反协作出版、代印代发规定的处理权限。

对地方出版社(包括地市出版社、辖区内的大学出版社和其他系统的出版社)的处理,由省、自治区、直辖市新闻出版局作出决定,报新闻出版署备案。

对中央级出版社(包括各个部门的出版社和大学出版社)的处理,由新闻出版署会同北京市新闻出版局、出版社主管部门进行查处,处理决定由新闻出版署作出。

各地方、各部门如对违反协作出版、代印代发规定的问题处理不当或迟迟不作处理,新闻出版署可以直接或另行处理。

六、各出版社接到本通知后,应认真发动群众,严格检查,进行整顿。对认真检查问题者,处分时可以适当从宽,对隐瞒问题不报者,要从严处分。对知情者举报的情况,应认真核实,严肃处理,对举报者应给以鼓励。

(三)整顿工作的领导

各省、自治区、直辖市新闻出版局和中央各出版社的上级主管部门,要对这次整顿工作加强领导,作出部署,提出要求,检查指导。各省、自治区、直辖市新闻出版局对问题的处理要坚决,不得手软。

各省、自治区、直辖市新闻出版局要抓好辖区内所有出版社的整顿工作,包括直属出版社、地市出版社,以及辖区内的大学出版社和其他系统的出版社。

中央级出版社的整顿工作由各主管部委进行领导,有些问题较多的出版社,除由主管部委领导整顿外,新闻出版署、北京市新闻出版局还要协同主管部委调查处理。

中央所属的大学出版社的整顿工作,请国家教委有关部门加以督促和指导。部队系统出版社的整顿工作,请总政有关部门加以督促和指导。

(四)整顿工作的总结

整顿工作结束后,出版社要写出专题报告,经各省、自治区、直辖市新闻出版局或中央级出版社的主管部委审核。报告包括;整顿工作中检查出来的主要问题,处理情况,改进工作的措施。各省、自治区、直辖市新闻出版局对辖区内出版社的整顿情况要作出综合分析(包括出书种数、协作出版、代印代发种数,以及其中违纪种数)。各社的总结报告,各省、自治区、直辖市新闻出版局的综合分析,于整顿工作结束后一个月报新闻出版署。

这次整顿工作一般要在9月10日前结束。出版社的整顿工作没有结束前,不得开展新的协作出版、代印代发项目。

(五)从本通知下达之日起,凡再有违背协作出版、代印代发规定的,除从重罚款和追究领导者责任外,还要给予撤销登记的处分。

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s