Supplementary Provisions concerning the Issue of Economic Compensation for Banned Books and Periodicals
9 November 1989, Administration of Press and Publications
The CCP Central Committee Secretariat and State Council Secretariat “Notice concerning Rectification and Clean-up of Books, Newspapers and Periodicals and Strictly Attacking Criminal Activities in the Audiovisual Market” provides that: “Economic losses for confiscated publications, where they concern matters published by official publishing work units and stocked through official channels; is borne by the publishing work unit; where they concern matters stocked through unofficial channels, it is borne by the wholesaler or retailer. The higher-level controlling department of publishing work units must be responsible for supervising publishing work units’ payment of compensation.” In order to implement the above provisions, hereby, the following supplementary provisions concerning related concrete issues are issued as follows:
I, The economic damage for books banned by administrative press and publications organs, where they have been published by official publishing work units, and at the same time have been stocked from official distribution work units that have undergone State approval, is borne by the publishing work unit. The economic damage for books where the publishing work unit notified cessation of sales is also borne by the publishing work unit. Publishing work units should return monies to businesses according to the originally approved pricing.
II, Businesses’ handling claims should be conducted progressively through supply channels without exception. For goods distributed by distribution stores in the Xinhua bookstore system, the relevant distribution store collects the colophons, files claims together to relevant publishing work, forwards accounts and returns monies through the provisional-level bookstore (apart from cases of direct accounting). Distribution work units outside of the Xinhua bookstores (including other State-run, collective and individual bookstores or bookstalls), are to file claims with the directly handling wholesale work unit on the basis of the confiscation certificate of the local book and periodical confiscation work unit, the original stocking receipts and the colophons.
III, Administrative publishing management organs issuing notices on banning of books and periodicals and or publishing work units issuing notices on ceasing sales of books and periodicals, shall bear economic damages as indicated in Article 1 of this Document. Within three months after issuance of the abovementioned notices, businesses should put damage claims to relevant work units in writing, according to regulations; these are not accepted after the time limit, and damages are borne by businesses. Publishing work units shall return monies within three months after receiving a business’s damage claim request in writing, otherwise it shall be seen as delay or refusal to pay.
IV, Pulp income from on-the-sport pulping of books or periodicals that were banned, after determination and handling according to regulation, is to be handed over to the work unit that is responsible for confiscating books and periodicals.
V, The higher level controlling departments of publishing work units must be responsible for supervising publishing work units’ returning monies. Where publishing work units delay or refuse payment, businesses may file a complaint with the administrative publishing management organ of the publishing work unit’s locality, the administrative publishing management organ should order publishing work units to pay compensation within a limited time, if this is not implemented, administrative publishing management organs may impose administrative punishment, up to cessation of business for rectification. Businesses may also go to the People’s Court to sue the publishing work unit, the People’s Court is to issue a judgment.
VI, Where earlier relevant regulations conflict with these Provisions, these Provisions apply.
VII, These Provisions begin to take effect on the date of issuance.