Notice concerning Rectifying and Cleaning Up the Book, Newspaper, Periodical and Audiovisual Markets, and Strictly Attacking Criminal Activities

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ZBF No. [1989]13

16 September 1989

All provincial, autonomous region and municipal Party Committees and People’s Governments, all large military region Party Committees, all Central Committee and State organ ministries and commissions, all Military Commission General Departments, all armed service Party Committees, all people’s organizations:

Since the 3rd Plenum of the 11th Party Congress, publishing work has obtained clear results. But at the same time, it must also be considered that, in recent years, problems in the book, newspaper, periodical and audiovisual product markets are grave, increasingly many books, newspapers, periodicals and audiovisual products propagate bourgeois liberalization and have grave political errors, books, newspapers, periodicals and audiovisual products with obscenity or sex, murder or violence, and feudal superstition are gravely in excess, illegally published books, newspapers, periodicals and audiovisual products continue despite repeated warnings. This “spiritual poison” and “cultural garbage” gravely undermines social conduct, poisons people’s minds, corrupts the youth, and disturbs the construction of a Socialist spiritual civilization and material civilization, it has already become a great nuisance inducing crime and destroying social stability. The broad masses are extremely indignant concerning this. Although repeated rectification has obtained some results, the problems remain grave. Changing this sort of situation has become a vital matter of immediate urgency. All localities and all departments must grasp the present opportune moment, adopt form and resolute measures, to conduct a one-time  thorough rectification and clean-up of the book, newspaper, periodical and audiovisual product markets, and to strictly attack criminal activities. With the agreement of the Central Committee and the State Council, hereby, the following matters are notified as follows:

I, The scope of banning and investigation and prosecution work: all books, newspapers, periodicals and audiovisual products falling into the following scopes are to be banned without exception: propagating bourgeois liberalization or other reactionary content; having grave political mistakes; being obscene or sexual; having intermittent obscene or sexual content, being vulgar and philistine, and harmful to the physical and mental health of minors; propagating feudal superstition, murder and violence; having a front cover, illustrations, advertising and other publicity goods with the above problems; illegally published books, newspapers, periodicals and audiovisual products.

Under the uniform leadership of all levels’ Party Committees and governments, the books, newspapers, periodicals and audiovisual products falling within the abovementioned banning scope, are to be sealed up first and foremost; afterwards, according to the principle of who manages is responsible, the relevant department will determine how to handle them as soon as possible. Concerning all books, newspapers, periodicals and audiovisual products falling within the banning scope, published by local work units, all provincial, autonomous region and municipal press and publications, radio and television and culture offices (bureaus) are supposed to clean them up, make punishment decisions, notify the whole country on investigation and prosecution, and report to the Administration of Press and Publications, the Ministry of Radio, Film and Television and the Ministry of Culture for filing.

All books, newspapers, periodicals and audiovisual products falling within the banning scope, that are published by publishing work units subordinate to Central Committee and State organs, as well as non-local publishing work units, are first sealed up by all provincial, autonomous region and municipal press and publications, radio and television, and culture departments. Among these, for non-local books, newspapers, periodicals and audiovisual products, the non-local relevant controlling department is to be notified to deal with it without delay, according to the scope of responsibilities; books, newspapers, periodicals and audiovisual products of publishing work units subordinate to Central Committee and State organs, are to be reported to the relevant State Council controlling department, to deal with it without delay.

All publishing work units’ higher level controlling departments (including higher-level controlling departments of publishing work units subordinate to Central Committee and State organs) shall be responsible to do investigation and prosecution work well. Where there is delay or resistance, the responsibility of the leading personnel must be prosecuted. The Administration of Press and Publications, the Ministry of Culture and the Ministry of Radio, Film and Television must strengthen supervision and inspection, and when necessary, shall directly conduct investigation and prosecution.

II, Strictly attack unlawful and criminal activities When rectifying and cleaning up the book, newspaper, periodical and audiovisual product markets, it is necessary to dig out criminals and criminal gangs producing, reproducing, peddling and disseminating reactionary and obscene books, newspapers, periodicals and audiovisual products, and strictly punish them according to the law. It is necessary to continue to strictly attack illegal publishing activities. All illegally published books, newspapers, periodicals and audiovisual products are to be confiscated without exception, destroyed on the spot, and the responsibility of the editor, printer, wholesaler, retailer and renter prosecuted according to the law. Where books, newspapers, periodicals and audiovisual products have violated content bans, grave punishment shall also be imposed according to the law. It is necessary to strictly attack smuggling and illegal vending of reactionary and obscene books, newspapers, periodicals and audiovisual products. It is necessary to strictly attack law-breakers’ activities of colluding with publishing, printing and distribution work units to seek illegal gain in society. It is especially necessary to strictly attack these work units and individuals buying and selling book numbers or periodical numbers, violating regulations on cooperative publishing, and printing or distribution contracting or engaging in publishing speculation. All those violating laws must be timely transferred to the judicial organs by the controlling departments, and these must realistically cooperate in investigation and prosecution. These cases with a bad influence or grave harm must be punished severely and rapidly according to the law.

III, Rectifying and cleaning up publishing, printing and distribution work units

As to the question of tracing, it is necessary to track cases down by following clues, further investigate the responsibility of relevant publishing, printing and distribution work units and other leading personnel. It is necessary to adopt form measures, strictly manage publishing, printing and distribution work units well, and block up sources of pollution. Book, newspaper and periodical publishing work units must strengthen theme selection management, directors and editors-in-chief (main editors) must earnestly bear their responsibility to keep the manuscript gate and of final examination, and strictly implement the theme selection reporting for approval system. The higher-level controlling departments of publishing work units must be responsible for examining and approving theme selection planning, and strictly persist in publishing books according to the division of specialization. All publishing work units’ theme selection plans shall also be reported to the local press and publications department for verification, and supervision must be accepted. Theme selection that should be reported for approval to the Administration of Press and Publications according to regulations must be specially reported. Where publishing work units violate the above regulations, or where their higher-level controlling department does not strictly keep the gate or supervision is weak, the responsibility of the leading persons must be prosecuted. From now on, where publishing work units publish books, newspapers or periodicals that this Notice provides should be prosecuted, the responsibility of controlling personnel of relevant personnel must be prosecuted, up to the point where the director or editor-in-chief are dismissed, or the business licence is revoked. Audiovisual publishing work units should also be strictly handled according to the above principles. Publication printing work units must strictly abide by relevant regulations on printing sector management work. All those printing reactionary or obscene books and periodicals, printing additional unauthorized copies of contracted books or periodicals, or conducting publishing speculation activities together with lawbreakers, shall be severely punished according to the law. Printing work units that have not been approved to print publications may not contract publication printing without exception. It is necessary to strengthen management and supervision over county-run and village-run printing plants. Village-run printing plants may without exception not print publications, county-run printing plants printing publications must implement relevant regulations. Printing plants already having a publication printing permit, must re-apply, and it is necessary to strictly examine and strictly control them. All those violating the above provisions, must be given administrative and economic punishments, up to having their permits cancelled and business licence revoked. Distribution work units shall also be strictly managed. All books, newspapers, periodicals and audiovisual products of which cessation of sale has been notified are to be confiscated without exception, and they may not be sold anymore. Where all publishing, printing or distribution work units and their leaders violate regulations, the Admiration of Press and Publications or the local press and publications and other controlling departments impose administrative punishment and economic penalties, Party members must be given Party discipline punishment by Party organizations according to relevant regulations, those breaking laws shall be prosecuted by judicial organs according to the law. Work units and individuals actively conducting clean-up, may be dealt with leniently, taking circumstances into consideration; those delaying or even resisting it, must be strictly and severely punished.

IV, Rectifying and cleaning up individual and collective distribution work units. It is necessary to conduct earnest rectification and clean-up of individual and collective work units selling books, newspapers and periodicals. Individual bookshops (stalls) may without exception not engage in book, newspaper and periodical wholesale business. Collective bookstores must meet certain conditions and undergo approval, and may only then engage in second-level wholesale business. Individual and collective work units may without exception not engage in commercial audiovisual products sales activities. All those violating the above provisions, must be investigated and prosecutes. Where these collective or individual bookshops (stalls) that have no wholesale rights distribute books, newspapers, periodicals and audiovisual products falling within the banning scope, they must be severely punished according to regulations. Where they conceal these and do not hand them over, or conceal to sell, rent or resell banned books, newspapers, periodicals and audiovisual products on the black market, they must be severely punished and their business licence must be revoked, up to the point where legal responsibility is prosecutes. Those trading publications without licences, must be firmly banned. Collective and individual bookstores (stalls) that repeatedly violate discipline or laws, shall have their business licences revoked.

V, Rectification and clean-up of video screening points It is necessary to strictly investigate video products screened in audiovisual screening points, and especially imported audiovisual products. All video products falling within the banning scope are to be sealed up without exception, may not be screened anymore, and the controlling department will deal with them. It is necessary to impose the punishments of confiscating illegal income, fines, or cancellation of business licenses on screening points violating regulations, in consideration of the gravity of the circumstances. Persist in banning privately-run commercial screening points and video screening points contracted to individuals in violation of regulations. Cable television systems and satellite receiving station construction and management must be strictly implemented according to the provisions of controlling departments, they may without exception not broadcast programmes falling under the banning scope, violations must be strictly dealt with according to regulations.

VI, Economic compensation for rectification and clean-up and dealing with confiscation fines

The economic damage of confiscated publications, in all cases where this involves publications by official publishing work units, that have been stocked through official channels, is borne by the publishing work unit; where publications have been stocked through unofficial channels, it is borne by the wholesaler or retailer. The higher-level controlling departments of publishing work units must be responsible for supervising the payment of compensation by the publishing work unit.

Where confiscation fines imposed on relevant publishing, printing and distribution work units and collectives or individuals, they must be enjoined with turning this over to higher authority according to an agreed amount. Where there is delay or resistance, the local People’s Court may be requested to enforce matters according to the law.

VII, Strictly grasp policies Rectification and clean-up of books, newspapers, periodicals and audiovisual products, and strictly attacking criminal activities requires both a firm attitude, and requires paying attention to policy from the start. It is necessary to especially stress accuracy, things that are not reactionary can absolutely not be treated as reactionary and banned, things that are not obscene can absolutely not be treated as obscene and cleaned up, and the regular life hobbies and cultural interests of individuals can even absolutely not be interfered with. It is absolutely necessary to strictly and cautiously grasp policy limits, strictly handle mattes according to the law, appropriately, carefully and meticulously launch work, and timely summarize experience, further formulate, supplement and perfect concrete regulations to implement relevant policies, and guide this through appropriate cases.

VIII, Organizational leadership over rectification and clean-up work The nationwide rectification and clean-up of book, newspaper, periodical and audiovisual product markets and strict attack on criminal activities is guided and coordinated by the Small Work Group to Rectify and Clean Up Book, Newspaper and Periodical Markets under the leadership of the Central Propaganda and Ideological Work Leading Small Group. All provincial, autonomous region and municipal Party Committees and People’s Governments, Central Committee and State organs’ relevant ministries and commissions must also organize specialized teams to grasp this work. Party Committee propaganda departments and governments’ press and publications, culture, radio and television, industry and commerce, public security, customs, post and telecommunications, railways, communications and other departments must have a leading comrade who grasps this himself, and must transfer sufficient humanpower, organize specialized teams, and concretely be responsible for these rectification, clean-up and attack campaigns. During rectification and clean-up, all controlling departments must perform their own duties, mutually cooperate, and may not shift responsibility. For problems revealed during rectification and clean-up, responsibilities must be made clear, and loopholes closed. Where a number of localities are involved, the locality where the problem is discovered reports to relevant localities timely, they cooperate closely and coordinate actions. It is necessary to closely grasp clean-up in focus regions, focus sectors and focus work units, and integrate complete clean-up with focus clean-up, do not leave behind empty zones. At present, it is necessary to concentrate for a certain period, and with “sweeping pornography”, being banning of books, newspapers, periodicals and audiovisual products propagating obscenity and sex, murder and violence, or feudal superstition, as focus, fight a great campaign, and ensure a great change of scenery in the book, newspaper, periodical and audiovisual product markets. Funds needed for the rectification, clean-up and attack campaigns are arranged by the Central and local financial departments.

It is necessary to rectification and clean-up propaganda work well. Fully expose the grave harm of “spiritual poison” and “cultural garbage” propagate the importance, necessity and policy limits of rectification, clean-up and attacking criminal activities. Choose some major and large cases for prominent reporting, propagate the gains through rectification and clean-up and some advanced examples. It is necessary to mobilize the masses to report and expose unlawful and criminal activities, consciously resist books, newspapers, periodicals and audiovisual products violating bans. Judicial organs must select model cases and openly pronounce judgment, create a strong offensive, frightening criminals, educating and encouraging the masses, and transforming social atmosphere. Strengthening book, newspaper, periodical and audiovisual product market management is a long-term task. All levels’ Party Committees and governments must earnestly implement the spirit of the 4th Plenum of the 13th Party Committee, further perfect management structures for the book, newspaper, periodical and audiovisual product markets, strengthen legislation and supervision, consolidate the gains of rectification, clean-up and attack. At the same time, it is necessary to realistic and effective policies and measures, to stimulate the flourishing of publishing, the dynamism of cultural markets, and make the publishing undertaking serve the construction of Socialist modernization even better. All localities and all departments must provide special reports to the Party Centre and the State Council on the implementation situation of the above Notice.

16 September 1989

中共中央办公厅、国务院办公厅关于整顿、清理书报刊和 音像市场严厉打击犯罪活动的通知

中办发[1989]13号

(一九八九年九月十六日)

各省、自治区、直辖市党委和人民政府,各大军区党委,中央和国家 机关各部委,军委各总部、各军兵种党委,各人民团体:

党的十一届三中全会以来,出版工作取得了显著成绩。但同时也应看 到,近几年书报刊和音像市场问题严重,宣扬资产阶级自由化和有严重政 治错误的书报刊和音像制品越来越多,淫秽色情、凶杀暴力、封建迷信的 书报刊和音像制品严重泛滥,非法出版的书报刊和音像制品屡禁不绝。这 些“精神毒品”、“文化垃圾”严重败坏社会风气,毒害人们灵魂,腐蚀 青少年,干扰社会主义精神文明和物质文明建设,已成为诱发犯罪、破坏 社会安定的一大公害。广大群众对此十分愤慨。虽然曾几次进行整顿并取 得一些效果,但问题仍然很严重。改变这种状况已成为当务之急。各地区 、各部门必须抓住当前的有利时机,采取坚决果断措施,对书报刊和音像 市场进行一次彻底的整顿、清理,严厉打击犯罪活动。经党中央、国务院 同意,现将有关事项通知如下:

一、取缔范围及查处工作凡属于下列范围的书报刊的音像制品一律取 缔:宣扬资产阶级自由化或其它内容反动的;有严重政治错误的;淫秽色 情的;夹杂淫秽色情内容、低级庸俗、有害于青少年身心健康的;宣扬封 建迷信、凶杀暴力的;封面、插图、广告及其它宣传品存在上述问题的; 非法出版的书报刊和音像制品。

对上述取缔范围内的书报刊和音像制品,在各级党委、政府的统一领 导下,首先封存;然后,按照谁主管谁负责的原则,由有关部门尽快定性 处理。凡属取缔范围的本地区出版单位的书报刊和音像制品,由各省、自 治区、直辖市新闻出版、广播电视、文化厅(局)负责清理,作出处理决 定,并通报全国查处,报国家新闻出版署或广播电影电视部、文化部备案 。

凡属取缔范围的中央和国家机关直属出版单位以及外地出版单位出版 的书报刊和音像制品,由各省、自治区、直辖市新闻出版、广播电视、文 化部门先行封存。其中,外地书报刊和音像制品按分管范围,通知外地有 关主管部门从速处理;中央和国家机关直属出版单位的书报刊和音像制品 ,报国务院有关主管部门从速处理。

各出版单位的上级主管部门(包括中央和国家机关直属出版单位的上 级主管部门)应负责做好查处工作。对拖延抗拒的,要追究领导人的责任 。新闻出版署、文化部、广播电影电视部要加强督促检查,必要时应直接 进行查处。

二、严厉打击违法犯罪活动在整顿、清理书报刊和音像市场中,要把 制作、复制、贩卖、传播反动、淫秽书报刊和音像制品的犯罪分子、犯罪 团伙挖出来,依法从严惩处。要继续严厉打击非法出版活动。凡属非法出 版的书报刊和音像制品,一律收缴,就地销毁,并依法追究编辑、印制、 批发、销售、出租者的责任。对内容违禁的书报刊和音像制品,还应依法 合并惩处。要严厉打击反动、淫秽书报刊和音像制品的走私、贩私活动。 要严厉打击社会上的不法分子同出版、印制、发行单位相互勾结非法牟取 暴利的活动。特别要严厉打击那些买卖书号、刊号,违反协作出版、代印 代发规定,从事出版投机活动的单位和个人。凡违犯法律的,各主管部门 要及时移送司法机关,并密切配合查处。对那些影响坏、危害大的案件, 要依法从重从快惩处。

三、整顿、清理出版、印制和发行单位对查出的问题,要顺藤摸瓜, 进一步追查有关出版、印制和发行单位及其领导人的责任。要采取坚决措 施,严格管好出版、印制和发行单位,堵塞污染源。书报刊出版单位要加 强选题管理,社长、总编辑(主编)要认真负起书稿把关、终审的责任, 严格执行选题报批制度。出版单位的上级主管部门要负责审批选题计划, 并严格坚持按专业分工出书。各出版单位的选题计划还应报当地新闻出版 部门审核,接受监督。按规定应向新闻出版署报批的选题必须专题报批。 出版单位违反上述规定的,或其上级主管部门把关不严、监督不力的,都 要追究领导人的责任。今后,对出版本通知规定应予取缔的书报刊的出版 单位,要追究有关人员的主管人员的责任,直至撤销社长、总编辑职务, 或吊销其营业执照。对音像出版单位也依照上述原则严格执行。出版物的 印制单位必须严格遵守印制行业管理工作的有关规定。凡印制反动、淫秽 书刊的,对承印的书刊擅自加印的,与不法分子勾进行出版投机活动的, 均应依法从重从严惩处。未经批准承印出版物的印制单位,一律不得承印 出版物。对县办、乡办印刷厂,要加强管理和监督。乡办印刷厂一律不得 承印出版物,县办印刷厂承印出版物按有关规定执行。对已经发给出版物 印刷许可证的印刷厂,要重新审查,从严控制。凡违反上述规定的,要给 予行政的、经济的处罚,直至吊销许可证和营业执照。对发行单位也应严 格管理。凡已通知停售的书报刊的音像制品,一律收缴,不得再销售。所 有违反规定的出版、印制、发行单位及其领导人,由新闻出版署或当地新 闻出版及其它主管部门给予行政处分和经济处罚,党员要由党组织按有关 规定给予党纪处分,违犯法律的应由司法机关依法追究法律责任。主动进 行清理的单位和个人,可酌情从宽处理;拖延甚至抗拒的,要从严从重处 理。

四、整顿、清理个体和集体发行单位要对销售书报刊的个体和集体单 位进行认真整顿、清理。个体书店(摊)一律不得经营书报刊批发业务。 集体书店必须具备一定条件并经过批准,方可经营二级批发业务。个体和 集体单位一律不得经营录像制品的销售业务。凡违反上述规定的,要予以 查处。对那些无经营批发权的集体、个体书店(摊)发行属于取缔范围的 书报刊和音像制品的,要按规定从重从严惩处。对隐匿不交,继续销售、 出租、黑市倒卖被取缔的书报刊和音像制品的,要从重罚款并吊销营业执 照,直至追究法律责任。对无照经营出版物的,要坚决取缔。对屡次违纪 、违法的集体、个体书店(摊),应吊销其营业执照。

五、整顿、清理录像放映点对录像放映点放映的录像制品,特别是进 口的录像制品,要从严审查。凡属取缔范围的录像制品一律查封,不得再 放映,由主管部门作出处理。对违反规定的放映点,要视其情节轻重,分 别给予没收非法所得、罚款、吊销营业执照的处分,直至追究法律责任。 坚决取缔私自开设的营业性放映点和违反规定承包给个人的录像放映点。 有线电视系统和卫星地面接收站的建立和管理,要严格执行主管部门的规 定,一律不得播映属于取缔范围的节目,违反的要按规定严肃处理。

六、整顿、清理中的经济赔偿及罚没款处理被收缴出版物的经济损失 ,凡系正式出版单位出版、经正式渠道进货的,由出版单位负担;经非正 式渠道进货的,由批发者、销售者负担。出版单位的上级主管部门要负责 督促出版单位缴纳赔款。

对有关出版、印制、发行单位和集体、个人的没款,必须责成其如数 上缴。拖延抗拒的,可提请当地人民法院依法强制执行。

七、严格掌握政策整顿、清理书报刊和音像市场、严厉打击犯罪活动 ,既要态度坚决,又要从一开始就注意政策。要特别强调搞准,绝不能把 不属于反动的东西当作反动的取缔,把不属于淫秽的东西当作淫秽的清除 ,甚至不适当地干预个人正当的生活爱好和文化兴趣。一定要严肃地、审 慎地掌握政策界限,严格依法办事,稳妥、周密、细致地开展工作,并及 时总结经验,进一步制定、补充、完善执行有关政策的具体规定,通过适 当案例加以指导。

八、整顿、清理工作的组织领导全国整顿、清理书报刊和音像市场, 严厉打击犯罪活动,由中央宣传、思想工作领导小组下设的整顿、清理书 报刊和音像市场工作小组负责指导和协调。各省、自治区、直辖市党委和 人民政府,中央和国家机关有关部委也要组织专门班子抓这项工作。党委 宣传部门和政府的新闻出版、文化、广播电视、工商、公安、海关、邮电 、铁路、交通等部门要有一名领导同志亲自抓,并抽调足够人力,组织专 门队伍,具体负责这次整顿、清理和打击行动。在整顿、清理中,各主管 部门要各司其职,互相配合,不得推诿。对整顿、清理中暴露出来的问题 ,要明确责任,堵塞漏洞。涉及几个地区的,由查出问题的地区向有关地 区及时通报,密切配合,协同动作。要抓紧对重点地区、重点行业、重点 单位的清理,并将全面清理和重点清理相结合,不留空白地带。当前,要 集中一段时间,以“扫黄”,即取缔宣扬淫秽色情、凶杀暴力、封建迷信 的书报刊的音像制品为重点,打一个大战役,使书报刊和音像市场有一个 大的改观。整顿、清理和打击行动所需经费由中央和地方财政部门安排。

要做好整顿、清理的宣传工作。充分揭露“精神毒品”、“文化垃圾 ”的严重危害,宣传整顿、清理和打击犯罪活动的重要性、必要性和政策 界限。选择若干重大案件突出报道,宣传整顿、清理的成果和一些先进事 例。要动员群众检举、揭发违法犯罪活动,自觉抵制违禁书报刊和音像制 品。司法机关要选择典型案件公开宣判,造成强大攻势,震慑犯罪分子, 教育鼓舞群众,转变社会风气。加强书报刊和音像市场的管理是一项长期 的任务。各级党委和政府要认真贯彻党的十三届四中全会的精神,进一步 完善书报刊和音像市场的管理体制,加强立法和监督,巩固整顿、清理和 打击的成果。同时,要采取切实有效的政策和措施,促进出版繁荣,活跃 文化市场,使出版事业更好地为社会主义现代化建设服务。以上通知的贯 彻执行情况,各地区、各部门要向党中央、国务院作出专题报告。

一九八九年九月十六日

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