Notice Concerning Strengthening and Improving the Newspaper and Periodicals, Film and Television and Audiovisual Market

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Central Committee General Office, State Council General Office

CO No. (1994)19

All provincial, autonomous, municipal Party Committees and People’s Government, all military region Party Committees, all ministries and commissions of Central and State Organs, all Central Military Commission general offices, Party Committees of all army branches, all civic organizations:

After reform and opening up, our country’s books and periodicals, film and television and audiovisual market has sprung up exuberantly, has pushed forward cultural structural reform and cultural sector development, invigorated cultural products exchange, has towards satisfying the increasingly growing spiritual cultural needs of the masses, and stimulation of the construction of a socialist material civilization and spiritual civilization developed an important function. But, because these markets are in the initial stage of development, and the legal system is not perfected enough, management is relatively weak, and also, a number of problems not to be ignored has arisen. These mainly show in: publications of low moral quality and roughly manufactured as well as propagating pornography, violence and superstition are numerous, publications with content with grave political errors appear from time to time; lawless persons gangs offence tendencies are salient, pornography production and sale, piracy and smuggling cannot be stopped despite repeated bans; a number of publishing, distribution, printing and duplication work units has violated relevant regulations, and sols book numbers, periodical numbers, publication numbers, undertaken printing of illegal publications, some still collude in offences with criminals. Towards these problems, the masses have a strong reaction, and urgently require a solution. In order to guarantee the books and periodicals, film and television and audiovisual market’s prospering and healthy development, the following notice is formulated:

1, Fully understanding he importance of strengthening and improving books and periodicals, film and television and audiovisual market management. The cultural market is an important domain for the construction of a socialist spiritual civilisation. If problems in the cultural market are not timely solved they may gravely influence the prospering and healthy development of the cultural market, poison the mental and bodily health of the people, especially, the young, damage the construction of a socialist spiritual civilization, endanger social stability, create losses to the reform and opening up, and the modernization of socialism. Party Committees and People’s Governments of all levels must deeply comprehend the strategic thoughts of comrade Deng Xiaoping concerning “grasping with both hands, both hands must be hard”, earnestly study the series of important instructions of the Party Central Committee and comrade Jiang Zemin concerning strengthening the construction of a spiritual civilization and strengthening cultural market management, concentrate thoughts on the Centre’s guiding principles and needs, with a spirit of great responsibility towards the Party, the State, the people and posterity, strengthen cultural market management.

2, Completing ideology and principle requirements of management work. The basic goal of strengthening cultural market management, is located in stimulating prospering and healthy development of the cultural market. It is necessary, under the guidance of comrade Deng Xiaoping’s construction of socialism with Chinese characteristics theory and the basic party line, to earnestly carry out and implement “serving the people, serving socialism” and “hundred flowers bloom, hundred schools contend” policies, develop the main melody, encourage diversity, let flourish with one hand, manage with one hand. It is necessary to stimulate cultural products production business work units to even better put societal interest at the forefront, make effort to realize the unification of economic interests and societal interests, stimulate cultural markets to even better serve reform and opening up and economic construction, serve the construction of a socialist spiritual civilization, serve carrying forward ethnic culture and stimulate foreign-related cultural exchange, serving the satisfaction of the masses’ spiritual and cultural needs. Now and in the period to come, management work must especially stress grasping guidance, grasping the whole, grasping the structure, grasping benefit, lead the development of this sector to change from giving first place to scale and quantity growth to giving first place to quality and benefit raising. It is necessary to support a combination between short-term and long-term measures, a combination between administrative steps and legal means, a combination between centralized administration and daily management, a combination between the job responsibilities of individual related entities and close coordination. It is necessary to resolutely walk the road of reform and opening up, vigorously explore and establish a management system and operating mechanism conform to the socialist culture market development regulations.

3, Making market management responsibility clear. (1) Party Committees and People’s Governments of all localities must strengthen books and periodicals, film and television and audiovisual market management work leadership; Party Committee propaganda entities must perfect guidance, coordination, service and examination work. (2) All provincial, autonomous region and municipal Party Committees and People’s Governments may, according to the reality of that locality, determine books and periodicals, film and television and audiovisual market main management entities, make clear the division of duties between entities such as culture, radio and television, press and publications, industry and commerce, public security, taxation, etc., so that each performs its own function and they can mutually coordinate in the daily management work. A lesson may be learnt from a number of localities in recent years establishing a cultural market management committee grouped from all relevant entities, that is responsible under the unified leadership of the Party Committee and the People’s Government for guiding and coordination the working methods of culture management work, and perfect it during practice. (3) All cultural enterprises and institutions market business activities must be managed by the government of that locality. Cultural enterprises and institutions’ leading or sponsoring work units must strictly implement Party and State policies and guidelines concerning propaganda and culture work and culture market management rules and regulations, coordinate with the local government in strengthening inspection and supervision of their subordinate cultural enterprises, and may not obstruct investigation of local management organs of its problems. Where grave problems occur in subordinate enterprises, it is necessary to also investigate the liability of the leading or sponsoring work unit (4) Books and periodicals market, film and television market and audiovisual market management’s concrete policy and rules, will be respectively formulated by the General Administration for Press and Publications, the Ministry for Radio and Television, the Ministry of Culture. These three entities must place the work focus at strengthening macro-level management, at supervision and inspecting the implementation of Party and State policies, guidelines, laws and regulations. All major policies and reform steps concerning cultural market management, must be approved by the State Council. Relevant work units such as the State Administration for Industry and Commerce, Ministry of Public Security, State Administration of Taxation, General Administration of Customs, etc., having a significant management responsibility concerning the cultural market, must provide power to strengthen work in these areas, and manage the cultural market well together with the General Administration for Press and Publications, the Ministry for Radio and Television, the Ministry of Culture

4, Macro-level regulation is necessary for market development. In recent years, books and periodicals, television drama (films) and audiovisual products production business work units as well as certain product amount development has been overly quick, product quality is not high, it is urgently needed to implement effective macro-level regulation, in order to benefit readjustment of composition, raise quality, enhance benefit. (1) Establishment of new books and audiovisual publishing work units, must be strictly mastered, in the near future, the development amount shall be controlled. To strictly control newly established book and periodical printing plants and audiovisual duplication production lines, new establishment matters within two years after next may not be allowed by Centre and localities. (2)All localities and all entities must inspect the use of book numbers situation of their subordinate publishers. Press and Publication Bureaus shall integrate examination and approval of selected topic planning and carrying out book number use and amount appraisal. (3) Concerning television drama (film) production, the Ministry of Radio and Television must reasonably provide filming permits and single-use permission for shooting granting amounts. (4) Establishment of radio station, television stations and cable television stations, must be reasonably planned by each locality, establishment of a station must be reported to the Ministry of Radio and Television for approval. (5) All localities must consult on the determination of the development scale of book and periodical selling booths and audiovisual products sale, rental and projection points. At present, cultural life in numerous villages, especially distant places cannot nearly satisfy the needs of the masses, relevant entities and localities must adopt practical and effective steps to well resolve the problem of cultural products such as films, books, newspapers, periodicals, etc. going to the countryside, and vigorously support the development of rural cultural farms.

5, Strengthening of books and periodicals market management. To transform the weak management situation of the books and publication market, it is necessary to guard publication sources, rectify printing links, tidy up distribution channels, standardize sale activities. (1) Strengthening early management of publication work, paying close attention to establishment of books and periodicals quality assurance system. Administrative publishing entities and publishers leading work units must realistically undertake selected topics examination and approval responsibilities. Publishers must insist on implementing a manuscripts and new books reporting system, and earnestly engage in first instance, second instance and last instance, publishing works concerning sensitive issues with significant subject matter must be specially reported and approved. It is necessary to strictly implement prohibition provisions on in any way selling book numbers, periodical numbers and newspaper sheets. It is necessary to strengthen management over periodicals,  weekend newspapers, digest-type periodicals as well as internal periodicals, correct issues violating the aims of newspapers and periodicals and overstep the scope of its division of responsibilities. (2) Earnestly implement special kinds of trade management rules, strengthening printing enterprises management. Enterprises undertaking book printing must possess a books and periodicals printing licence issued by the administrative publications entity and a special trade permit issued by the public security entity. All localities must engage in one-time arranging of all printing enterprises in that locality, determinedly cancel enterprises gravely violating regulations in their dealing. Work units undertaking books and periodicals printing without permit or without authorization, must be determinedly investigated and prosecuted. Publishing work units must go to printing enterprises possessing the two permits and a business licence to print books and periodicals. Printing enterprises, when undertaking books and periodicals printing, must check and verify certificates with the original issuing work unit, and where formalities have not been strictly carries out, those that print bad books must cancel its books and periodicals printing work. (3) Handing books and publications master wholesale and wholesale work, earnest implementation of relevant regulations. Work units engaging in master wholesale work such as Xinhua bookshops, publishing and book importing, etc., must strengthen internal management, and make strict the working system, where grave problems occur, the leadership’s liability will be investigated. Other work units engaging in wholesale work must also strengthen management, those with grave problems must cease operations for rectification, or even cancel wholesale work. All work units engaged in wholesale work may not in any way transfer contract and work. Individuals may not engage in wholesale work. Underground distribution must be determinedly rooted out. (4) City and town books and periodicals sale points must be correspondingly concentrated, sell at fixed locations, and display a business licence. Those doing business shall buy stock with distribution work units approved by the administrative publication entity, and complete stock buying registration. To those who sell prohibited goods and do not explain their stock sources according to the facts, liability will be investigated as if they produced the forbidden products.

6: Strengthening film and television market. It is necessary to take raising film and television and cable television station programme quality as a focal point, and earnestly complete the following work: (1) The ministry of radio and television must further perfect film and television production work units application rules. To work units specifically engaged in film and television productions, all localities must carry out a one-time examination, and after reporting to and approval from the Ministry of radio and Television, again issue a filming permit. Work units temporarily requesting filming of television dramas (films), will be examined by the provincial-level administrative radio and television entity of their locality, and a single-use filming permit will be issues, and it will be reported to the Ministry of Radio and Television for filing. (2) Film and television drama 9film) production work units must establish and perfect a script examination system. Television dramas (films) broadcasted central television stations and local television stations, will respectively be the responsibility for organizing examination of the Ministry of Radio and Television and the provincial-level administrative radio and television entity of their locality, those that meet standards are all allowed to be broadcasted on television. (3) films, television programmes and documentaries coproduced with or made in cooperation with foreign work units, must be reported to the ministry of Radio and Television for examination and approval. Concerning films and television programmes taking part in international-character awards and exhibitions, both parties must clearly state in their agreement that the film has to be approved by our Ministry of Radio and Television. Film theatres must earnestly implement the relevant provisions of the projection permit. It is forbidden to project films not having obtained the projection permit. Internal reference films used for education or research use may not be sold, rented out or in any way be openly projected. (5) Television programmes broadcast by cable television stations shall possess a cable television programme broadcast permit issued by the provincial-level administrative television entity. Cable television stations must report monthly broadcast plans to the administrative radio and television entity of their province. Education televisions stations may not broadcast television programmes having no relation with educational content.

7, Strengthening audiovisual market management. It is necessary to earnestly carry out and implement the “Audiovisual Product Management Regulations” recently promulgated by the State Council, and complete audiovisual market management work realistically according to the provisions of the “Regulations”. In the near future, it is necessary to emphasise a good grasp of examining the following three aspects: (1) examination of audiovisual product publication, duplication, wholesale, retail, rental and projection work units business activities, on this basis, again approve and issue permits.  (2) Examination of video projection locations activity situations, it is strictly forbidden to commercially project audiovisual products specifically supplied for home use. Examination of audiovisual products for sale, rental and projection currently on the market, all those that are pirated, smuggled or have reactionary or obscene content, are to be confiscated, gathered and destroyed without exception.

8, Imported books and publications, film and television programmes and audiovisual production must be earnestly checked. (1) The yearly import planning of social sciences and literature and art books and audiovisual products, must be reported to the press and publications bureau for examination and approval after verification by the controlling entity, import outside of planning must be specifically reported for approval. (2) Film and television programmes introduced for domestic projection and audiovisual product for duplication and distribution will be managed respectively by the Ministry of Radio and Television and the General Administration for Press and Publications. Examination of imported films and television programmes is the responsibility of the Ministry of Radio and Television; examination of audiovisual products will be the responsibility of a content examination organ jointly organized by the Ministry of Radio and Television and the Ministry of Culture, to those that meet standards, a projection permit shall be issued. (3) The General Administration of Press and Publications and all local administrative publishing entities must strengthen regular inspection of books and periodicals import business work units, and of those having grave problems, the import business must be cancelled. (4) The Customs must earnestly examine imported books, film and television programmes and audiovisual products of all sorts and shapes, and prevent prohibited goods from entering the country.

9: Persistently attacking illegal publishing business activities. Piracy and pirated printing, producing pornography and selling pornography, smuggling and selling smuggled goods activities are grave, and are a prominent problem that exists at present in the books and publications, film and television programme and audiovisual markets. To these illegal and criminal activities, powerful steps must be adopted, and it must be persistently attacked, It is necessary to implement already existing market management regulations, realistically correct occurrences of non-compliance with the law, and unstrict law enforcement. Party Committees and People’s Governments of all localities must on the basis of the realistic situation of their locality, grasp the focal regions, focal sectors, focal problems, and organize propaganda in close coordination with entities such as culture, politics and law, industry commerce and tax, transportation, post, Customs, etc, get to the bottom of things, earnestly investigate and prosecute a batch of significant large cases,  according to law swiftly punishing the organizers and planners, those offering shelter, gangster ringleaders of and those concocting bad books concerning criminal activities. In order to guarantee a timely and effective attack on unlawful and criminal activities form now onwards, it is necessary to pay close attention to establish a supervision and examination system and an interregional case handling coordination council system for major cases.

10, Perfecting the regulatory system, speeding up legislative steps. (1) For all segments of the production, distribution and sale of books and periodicals, films an television programmes and audiovisual production, a complete permit system shall be established. All those engaged in production and business activities of books and periodicals, films and television programmes, etc., must at first apply for a permit; those not having a permit may not be issued a business licence by the administrative industry and commerce management entities. (2) In the year of establishment of the permit system, a registration system will be tried. Registration will be granted to those that observe discipline and law, of those displaying activities violating regulations, registration will be proposed, and time limits will be changed, of those having grave problems, permits will be cancelled, administrative industry and commerce management entities will simultaneously revoke business permits. All localities’ grass-roots culture market management organs must establish production business work units market activities files, and strengthen their day-to-day examination. (3) Establishment of a books and periodicals, film and television and audiovisual market trend report system. All localities must establish a batch of observation points, to timely reflect the market situation, to strengthen management work initiative. (4) It is necessary to, on the basis of State secrecy protection laws and regulations, perfect the press and publications work unit secret protection system and a system to deal with those divulging secrets. (5) As soon as possible, a batch of urgently needed management laws and regulations will be formulated, to change the present situation of weaknesses laws and regulations. It is necessary to pay close attention to formulating laws and regulations concerning books and periodicals publishing, film, television dramas (films) audiovisual products, books and periodicals printing management and punishment of illegal publication and criminal activities. Before the promulgation of relevant State laws and regulations, localities may on the basis of the reality in that locality, formulate relevant local laws and regulations.

11, Establishment and perfection of cultural market management examination teams. To strengthen effective management of cultural market for books and periodicals, film and television, audiovisual products, etc., all localities may on the basis of the real needs establish cultural market management examination teams, under the leadership of the local cultural market management organ, coordination with entities such as industry and commerce, public security, taxation, etc. to examine market economic activities, correct unlawful activities, safeguard market order. Cultural market supervision examination teams shall have full-time personnel as its backbone, and may engage a certain number of part-time personnel, and implement a certification system. All localities must resolve well work funding and equipment needed for cultural market supervision and inspection teams, strengthen their training and fixed-term assessment, and incessantly raise their thought and work level. The Ministry of Culture must, together with relevant entities, pay close attention to formulating relevant regulations and work personnel rules.

12, Deepening reform, cultivating the market. It is necessary to vigorously research and explore the peculiarities and rules of socialist market development, draw lessons from foreign beneficial management experiences, move forward market management reform, cultivate healthy market development. (1) It is necessary to choose a number of culture enterprises in relatively developed large and middle cities to establish a books, film and television and audiovisual products exchange centre, to foster it into a market of a certain scale and influence, and make outstanding cultural products reflecting the main melody to occupy a leading position in these markets. Relevant entities and localities must strengthen planning and leadership, and must attach importance to construction of facilities, and also must stress establishment and perfection of market management organs and operating mechanisms. To cultural product collecting and distribution centres formed in recent years, it is necessary to strengthen leadership, to make them progressively develop into standardized and orderly cultural markets. (2) All regions and all relevant entities must according to the centrally formulated cultural economy planning, pay attention to utilize economic means to strengthen the competitive power and market influence power of outstanding cultural products. It is necessary to establish special bonuses and development funds for excellent cultural products, perfecting tax revenues, credit and price policies benefiting excellent cultural products entering the market, formulating social culture support management rules, lead the society to assist investment orientation towards healthy advancement of cultural life. (3) State publishing work units, film and television programme production work units, Xinhua bookstores, book import and export and film distribution work units, etc., must deepen internal reform, transform business organs, strengthen competitive power, better undertake the responsibility to organize the production and circulation of excellent cultural products, develop a main function in the socialist cultural market. (4) Choosing work units with relatively good conditions, to engage in pilot projects of establishment of newspaper business and publishing groups. Local pilot projects will be examined and approved b provincial first-level governments, central and all central ministries and commissions news and publications work units pilot projects will be examined and approved by the ministry or commission in charge, and be reported to the General Administration for Press and Publications for filing. Groups currently not established as interprovincial, autonomous region or municipal, may not implement a share-holding system. (5) It is necessary to vigorously develop international markets, let the excellent cultural products of our country march towards the world. At the same time, attention must be paid to attracting healthy and beneficial cultural products, and strengthening cultural exchange and coordination with abroad. Foreign-related cultural exchange and coproduced radio or television programmes of all localities, shall be examined and approved by provincial-level administrative radio and television entities according to relevant regulations, and shall be reported to the Ministry of Radio and Television for Filing. Based on the reality of our country, within our borders,  there shall be no radio stations, television stations and newspaper companies with foreign capital cooperation, and in principle, also no jointly run publishers, periodical publishers and film production work units. Nature and science periodicals in coordination with abroad, are to be examined and approved by the State Science Committee and the General Administration of Press and Publications.

13, Vigorously develop social supervision. It is necessary to fully support on societal power, widely hear the opinion of the masses, organize the masses to take part in market supervision and management. Relevant entities shall engage celebrities, expert scholars and representatives of the masses of all circles of society to organize a specialized review committee, to engage in review of books and periodicals, films, television dramas (films), audiovisual products, etc., evaluate work content, recommend excellent products and put forward opinions on dealing with harmful cultural products. Widespread reporting of unlawful activities by the masses is to be vigorously praised, and a reward system shall be established. Mass organizations such as the labour unions, the Youth League, the Women’s Federation, etc., must develop a supervision function, and vigorously lead numerous workers, youths and women to criticize and resist negative and repulsive occurrences in the cultural market. Relevant entities shall earnestly deal with problems that are reported.

14, Fully developing the function of sectoral organizations. Books and periodicals, film and television, audiovisual etc. sectoral organizations, are the assistance of governments of all levels in managing the cultural market. Sectoral organizations must make great effort in serving and guiding work well, strengthen sectoral self-regulation, vigorously assist market management entities in training business work units and legal persons’ representatives and sectoral personnel, raise their professional ethics, cultural achievements, management level and professional capacity. Through the development of activities such as business work units’ grade examination and comment, commendation of advancement, organizing exchange of experience, etc., a desirable atmosphere of observing discipline and law, exemplary business, and mutual stimulation can be shaped. Party Committees and People’s Governments of all levels must vigorously guide sectoral organizations to incessantly raise work levels, and develop an even larger function.

15, Correctly guide the masses’ cultural consumption activities. Market sale activities influence the masses’ consumption activities, the masses’ cultural pursuits and propensity to consume again influences the business orientation of the market. Incessant raising of widespread masses aesthetic sense and temperament cultural consumer goods level, is an important aspect of stimulating cultural market prosperity and healthy development. Propaganda, culture and education entities as well as all mass organizations must utilize vivid and vigorous forms to guide the masses’ cultural consumption activities. It is necessary to develop cultural market regulatory systems and civilized activity propaganda and education, to make the people consciously safeguard the cultural market environment. Mass media such as newspapers, radio, television, etc., must develop a public opinion guidance function, present art knowledge, develop art commentary, correctly guide cultural consumption hotspots, raise the masses’ cultural appreciation capacity, create a desirable social public opinion atmosphere for the prospering and healthy development of the cultural market.

16, Management work must be untiringly grasped. Strengthening cultural market management is a long-term duty. Party Committees and People’s Governments of all levels must regularly analyze market trends, and simultaneous with realistically strengthening day-to-day management, form time to time conduct one-time concentrated administration, unify the day-to-day management with the one time concentrated administration, to form a system, and continue it persistently.

All provincial, autonomous region and municipal Party Committees and People’s Governments, relevant entities such as the Ministry of Culture, Ministry of Radio and Television, General Administration for Press and Publications, etc. must on the basis of this Notice formulate implementation rules, and strive to make the books and periodicals, film and television and audiovisual market to developed even more dynamically, orderly, prospering and healthily.

7 November 1994.

中共中央办公厅、国务院办公厅关于加强和改进书报刊影视音像市场管理的通知

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:

改革开放以来,我国书报刊、影视、音像市场的蓬勃兴起,推动了文化体制改革和文化产业的发展,活跃了文化产品的交流,对满足人们群众日益增长的精神文化需要,促进社会主义物质文明和精神文明建设发挥了重要作用。但是,由于这些市场处于发育的初始阶段,法制不够健全,管理比较薄弱,也出现了一些不容忽视的问题。主要表现在:格调不高、粗制滥造以及宣扬色情、暴力、迷信的出版物为数不少,内容有严重政治错误的出版物时有出现;不法分子团伙作案趋势突出,制黄贩黄、盗版走私屡禁不止;一些出版、发行、印刷和复制单位违反有关规定,出卖书号、刊号、版号,承印制作非法出版物,有的还同犯罪分子勾结作案。对这些问题,人民群众反映强烈,迫切要求加以解决。为保证书报刊、影视、音像市场繁荣健康发展,特作如下通知:

一、充分认识加强和改进书报刊影视音像市场管理的重要性。文化市场是社会主义精神文明建设的重要领域。文化市场中的问题如果不及时解决,将会严重影响文化市场的繁荣健康发展,毒害人们特别是青少年的身心健康,损害社会主义精神文明建设,危害社会稳定,给改革开放和社会主义现代化建设造成损失。各级党委和人民政府要深刻领会邓小平同志关于“两手抓,两手都要硬”的战略思想,认真学习党中央和江泽民同志关于加强精神文明建设,加强文化市场管理的一系列重要指示,把思想统一到中央的方针和要求上来,以对党、对国家、对人民和子孙后代高度负责的精神,加强对文化市场的管理。

二、做好管理工作的指导思想和原则要求。加强文化市场管理的根本目的,在于促进文化市场的繁荣健康发展。要坚持以邓小平同志建设有中国特色社会主义的理论和党的基本路线为指导,认真贯彻执行“为人民服务,为社会主义服务”和“百花齐放,百家争鸣”的方针,弘扬主旋律,提倡多样化,一手抓繁荣,一手抓管理。要促进文化产品生产经营单位更好地把社会效益放在首位,努力实现经济效益同社会效益的统一,促进文化市场更好地为改革开放和经济建设服务,为社会主义精神文明建设服务,为弘扬民族文化和促进对外文化交流服务,为满足人民群众精神文化需要服务。当前和今后一个时期,管理工作要特别注重抓导向、抓总量、抓结构、抓效益,引导这些事业的发展由以规模、数量增长为主转向以质量、效益提高为主。要坚持治标与治本相结合,行政措施与法律手段相结合,集中治理与日常管理相结合,有关部门分工负责与密切协作相结合。要坚定不移地走改革开放之路,积极探索和建立符合社会主义文化市场发展规律的管理体制和运行机制。

三、明确市场管理责任。(1)各地党委和政府要加强对书报刊、影视、音像市场管理工作的领导;党委宣传部门要做好指导、协调、服务、检查工作。(2)各省、自治区、直辖市党委和人民政府可根据本地实际,确定书报刊、影视、音像市场的主要管理部门,明确文化、广播电视、新闻出版、工商、公安、税务等部门的职责分工,使他们在日常管理中各司其职,相互配合。可借鉴近年来一些地方建立由各有关部门组成的文化市场管理委员会,在党委和政府统一领导下负责指导和协调文化管理工作的做法,并在实践中加以完善。(3)所有文化企事业的市场经营活动都要接受所在地政府的管理。文化企事业的主管、主办单位要严格执行党和国家关于宣传文化工作的方针政策和文化市场管理的法律法规,配合当地政府加强对所属文化企事业的检查、监督,不得阻挠当地市场管理机构对其问题的查处。所属文化企事业发生严重问题,也要追究主管、主办单位的责任。(4)书报刊市场、影视市场、音像市场管理方面的具体政策规章,分别由新闻出版署、广播影视部、文化部制定。这三个部门要把工作重点放在加强宏观管理上,放在督促、检查党和国家方针政策、法律法规的贯彻落实上。凡涉及文化市场管理的重要政策和重大改革措施,须报国务院批准。国家工商行政管理局、公安部、税务总局、海关总署等有关部门对文化市场负有重要管理责任,要安排力量加强这方面的工作,并同新闻出版署、广播影视部、文化部一起管好文化市场。

四、对市场发展要进行宏观调控。近年来,书报刊、电视剧(片)和音像制品的生产经营单位以及某些产品总量增长过快,产品质量不高,迫切需要实行有效的宏观调控,以利于调整结构、提高质量、增进效益。(1)对新建图书、音像出版单位要从严掌握,近期应控制发展总量。严格控制新建书刊印刷厂和音像制品复制生产线,明后两年内中央和地方不批新建项目。(2)各地区、各部门要检查所属出版社使用书号的情况。新闻出版署应结合审批选题计划对书号使用总量进行核定。(3)对电视剧(片)的生产,广播影视部要合理安排拍摄许可证和一次性准拍证的发放总量。(4)设立电台、电视台和有线电视台,各地要合理规划,建台须报经广播影视部审批。(5)各地要研究确定书报刊销售摊点和音像制品销售、出租、放映点的发展规模。当前,广大农村特别是边远地区的文化生活远远不能满足人民群众的需要,有关部门和地方要采取切实有效的措施,解决好电影、图书、报纸、期刊等文化产品下乡的问题,积极扶持农村文化农场的发展。

五、加强书报刊市场管理。改变书报刊市场管理薄弱的状况,要把住出版源头,整顿印刷环节,清理发行渠道,规范销售行为。(1)加强对出版工作的前期管理,抓紧建立书报刊质量保障体系。出版行政部门和出版社的主管单位要切实负起选题审核责任。出版社要坚持实行发排新书报告制度,认真进行初审、复审和终审,出版重大题材和涉及敏感问题的作品必须专题报批。要严格执行禁止各种形式买卖书号、刊号和报纸版面的规定。要加强对期刊、报纸周末版、文摘类报刊以及内部报刊管理,纠正违背办报办刊宗旨和超越分工范围的问题。(2)认真实行特种行业管理办法,加强对印刷企业的管理。承印书报刊的企业必须持有出版行政部门颁发的书报刊印刷许可证和公安部门颁发的特种行业许可证。各地对辖区内的所有印刷企业要进行一次清理,坚决撤销严重违规经营的企业。对未有许可证擅自承印书报刊的单位,要坚决查处。出版单位须到持有两证和营业执照的印刷企业印刷书报刊。印刷企业在承印书报刊时要向发证单位复核准印证件,对不严格履行手续、印制坏书的要取消其承印书报刊的业务。(3)办理书报刊总批发和批发业务,应认真执行有关规定。承办总批发业务的新华书店、出版和图书进出口等单位要加强内部管理,严格工作制度,发生严重问题要追究领导责任。其他承办批发业务的单位也要加强管理,问题严重的要停业整顿,直至取消批发业务。所有从事批发业务的单位都不得以任何形式转包业务。个人不得从事批发业务。坚决取缔地下发行。(4)城镇书刊销售摊点要相对集中,定点销售,亮证经营。经营者应在出版行政部门审定的发行单位进货,并做好进货登记。对销售违禁品又不如实说出进货来源的,按其制作违禁品追究责任。

六、加强影视市场管理。要以提高影视片和有线电视台节目质量为重点,认真做好以下工作:(1)广播影视部要进一步完善影视片制作单位的审批办法。对专门从事影视片制作的单位,各地要进行一次审核,报广播影视部批准后,重新颁发拍摄许可证。对临时申请拍摄电视剧(片)的单位,由所在地省级广播电视行政部门审核,颁发一次性准拍证,并报广播影视部备案。(2)电影、电视剧(片)生产单位要建立和完善剧本审查制度。拟在中央电视台和地方电视台播出的电视剧(片),分别由广播影视部和所在地省级广播电视行政部门负责组织审查,合格的方准予播映。(3)与境外单位合拍或协拍电影、电视、录像片,要报广播影视部审查批准。对拟参加国际性评奖、展映的影视片,要在双方协议中写明须经我广播影视部批准。(4)影剧院要认真执行准映证的有关规定,禁止放映无准映证的影视片。对供教学、研究用的内部资料片,不得出售、出租或以各种形式公开放映。(5)有线电视台播出的影视片,应持有省级广播电视行政部门颁发的有线电视节目准播证。有线电视台要向当地广播电视行政部门申报月播映计划。教育电视台不得播放与教学内容无关的影视片。

七、加强音像市场管理。要认真贯彻执行国务院最近颁布的《音像制品管理条例》,切实按照《条例》规定做好音像市场的管理工作。近期,要着重抓好以下三个方面的检查:(1)检查音像制品的出版、复制、批发、零售、出租、放映单位的经营活动,在此基础上,重新核发许可证。(2)检查录像放映场所的活动情况,严格禁止营业性放映专供家庭使用的音像制品。(3)检查现在市场销售、出租、放映的音像制品,凡属盗版走私的和有反动、淫秽内容的,一律收缴,集中销毁。

八、进口书报刊、影视片和音像制品要认真把关。(1)社会科学和文艺类书刊、音像制品的年度进口计划,须经主管部门审核后报新闻出版署审批,计划外进口应专项报批。(2)引进供国内播映的影视片和复制发行的音像制品,分别由广播影视部和新闻出版署归口管理。引进的影视片由广播影视部负责审查;引进的音像制品,由广播影视部和文化部共同组成内容审核机构负责审查,对合格的颁发准映证。(3)新闻出版署和各地出版行政部门要加强对书报刊进口业务单位的经常性检查,对有严重问题的,要取消进口业务。(4)海关要认真检查各种形式进口的书报刊、影视片和音像制品,防止违禁品入境。

九、坚决打击非法出版经营活动。盗版盗印、制黄贩黄、走私贩私活动严重,是当前书报刊、影视、音像市场存在的突出问题。对这些违法犯罪活动,必须采取有力措施,坚决打击。要认真贯彻落实已有的市场管理法规,切实纠正有法不依、执法不严的现象。各地党委和政府要根据本地实际,抓住重点地区、重点行业、重点问题,组织宣传文化、政法、工商税务、交通运输、邮政、海关等部门紧密协作,追根究底,认真查处一批重大案件,依法从重从快惩处犯罪活动的组织策划者、庇护者、团伙头目和坏书炮制者。为保证今后及时有效地打击违法犯罪活动,要抓紧建立大案要案的督查制度和跨地区查办协调会制度。

十、健全规章制度,加快立法步伐。(1)在书报刊、影视、音像市场生产、发行、销售等各环节,全面实行许可证制度。凡从事书报刊、影视、音像制品等生产和经营活动的,须首先申办许可证;未有许可证的,工商行政管理部门不发放营业执照。(2)实行许可证年度检验登记制度。对遵纪守法的予以登记;对有违章行为的暂缓登记,限期整改;对问题严重的注销许可证,工商行政管理部门同时吊销营业执照。各地基层文化市场管理机构要建立生产经营单位市场行为档案,加强对他们的日常考核。(3)建立书报刊、影视、音像市场动态报告制度。各地要设立一批观察点,及时反映市场情况,以增强管理工作的主动性。(4)要根据国家保密法规,健全新闻出版单位的保密制度和泄密处理制度。(5)尽快制定一批急需的管理法规,改变目前法规建设薄弱的状况。要抓紧制定书报刊出版、电影、电视剧(片)、音像制品、书报刊印刷管理和惩治非法出版犯罪活动等法律法规。在国家有关法律法规颁布之前,地方可根据本地实际,制定有关地方性法规。

十一、建立健全文化市场管理检查队伍。为加强对书报刊、影视、音像等文化市场的有效管理,各地可根据实际需要建立文化市场管理检查队伍,在当地文化市场管理机构的领导下,协同工商、公安、税务等部门检查市场经济活动,纠正违法违章行为,维护市场秩序。文化市场监督检查队伍以专职工作人员为骨干,并可聘请一定数量的兼职人员,实行持证上岗制度。各地要解决好文化市场监督检查队伍必要的工作经费和装备,加强对他们的培训和定期考核,不断提高思想和业务素质。文化部要会同有关部门抓紧制定有关规定和工作人员守则。

十二、深化改革,培育市场。要积极研究和探索社会主义市场发展的特点和规律,借鉴国外有益管理经验,推进市场管理改革,培育市场健康发展。(1)要选择一些文化事业比较发达的大中城市建立书刊、影视片、音像制品交易中心,扶植成为具有一定规模和影响力的市场,并使反映主旋律的优秀文化产品在这些市场中占居主导地位。有关部门和地方要加强规划和领导,既要重视设施建设,又要注重建立健全市场管理机制和运行机制。对近年来形成的文化产品集散地,要加强引导,使之逐步发展为规范有序的文化市场。(2)各地区、各有关部门要按照中央制定的文化经济政策,注意运用经济手段,增强优秀文化产品的市场竞争力和社会影响力。要建立优秀文化产品专项奖金和发展基金。完善有利于优秀文化产品进入市场的税收、信贷和价格政策。制定社会文化赞助管理办法,引导社会把赞助投向健康向上的文化活动。(3)国家的出版单位、影视片制作单位、新华书店、图书进出口和电影发行单位等,要深化内部改革,转换经营机制,增强竞争能力,更好地担负起组织优秀文化产品生产与流通的责任,发挥在社会主义文化市场中的主体作用。(4)选择条件较好的单位,进行组建报业、出版集团的试点。地方的试点由省一级政府审批,中央和中央各部委新闻出版单位的试点由主管部委审批,报新闻出版署备案。目前暂不组建跨省、自治区、直辖市的集团,不实行股份制。(5)要积极开拓国际市场,让我国的优秀文化产品走向世界。同时,注意引进健康有益的文化产品,加强与境外的交流与协作。各地与境外交流、合办广播电视节目,应经省级广播电视行政部门按有关规定批准,并报广播影视部备案。根据我国实际,在我境内不与外资合办电台、电视台和报社,原则上也不合办出版社、期刊社以及影视生产单位。与境外合办自然科学类期刊,由国家科委和新闻出版署共同审批。

十三、积极开展社会监督。要充分依靠社会力量,广泛听取群众意见,组织群众参与市场监督和管理。有关部门应聘请社会各界知名人士、专家学者和群众代表组成专门的评议委员会,对书报刊、电影、电视剧(片)、音像制品等进行审议,评估作品内容,推荐优秀作品,对不良文化产品提出处理意见。积极鼓励广大群众举报违法违章行为,并实行奖励制度。工会、共青团、妇联等群众团体要发挥监督作用,积极引导广大职工、青少年和妇女批评、抵制文化市场中的消极丑恶现象。对举报的问题,有关部门要认真查处。

十四、充分发挥行业组织的作用。书报刊、影视、音像等方面的行业组织,是各级政府管理文化市场的助手。行业组织要努力做好服务引导工作,加强行业自律,积极协助市场管理部门培训经营单位法人代表和从业人员,提高他们的职业道德、文化素养、管理水平和业务能力。通过开展经营单位等级评审、表彰先进、组织经验交流等活动,形成遵纪守法、模范经营、相互促进的良好风气。各级党委和人民政府要积极引导行业组织不断提高工作水平,发挥更大作用。

十五、正确引导群众文化消费行为。市场营销活动影响着群众的消费行为,群众的文化追求和消费倾向又影响着市场的经营方向。不断提高广大群众的审美情趣和文化消费品位,是促进文化市场繁荣健康发展的重要方面。宣传、文化、教育部门以及各群众团体要运用生动活泼的形式,引导群众的文化消费行为。要开展文化市场的法规制度、文明行为的宣传教育,使人们自觉维护文化市场环境。报刊、广播、电视等大众传播媒体要发挥舆论引导作用,介绍艺术常识,开展文艺评论,正确引导文化消费热点,提高群众文化鉴赏能力,为文化市场的繁荣健康发展创造良好的社会舆论氛围。

十六、管理工作要常抓不懈。加强文化市场管理是一项长期任务。各级党委和人民政府要经常分析市场形势,在切实加强日常管理的同时,每隔一段时间进行一次集中治理,把日常同集中治理结合起来,形成制度,坚持下去。

各省、自治区、直辖市党委和人民政府,文化部、广播影视部、新闻出版署等有关部门,要根据本通知精神制定实施办法,力求使书报刊、影视、音像市场更加活跃有序、繁荣健康地发展。

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