Implementation Rules Concerning Strengthening the Construction of a Legal System for Radio, Film and Television (Trial)
RDGO No. 1459(2001)
According to the “Central Committee Secretariat, State Council Secretariat Notice Concerning Transmission of the ‘Central Propaganda Department, State Administration of Radio, Film and Television and General Administration of Press and Publication Some Opinions Concerning Deepening Press and Publications and Radio, Film and Television Sector Reform”, the following Implementing Rules strengthening the construction of a legal system for radio, film and television are formulated.
I, With a creative spirit following the times, deepening the establishment of a new radio, film and television policy and law setup. It is necessary to closely centre on the theme of radio, film and television reform and development, explore and construct a new radio, film and television policy and law setup that takes the Constitution as the foundation, takes radio and television law and film law as backbone, in which regulations, rules and policies mutually form a set, in which coordination is unified, which integrates scientific lawmaking, wide law popularization, strict law enforcement, and dealing with offenders, and that conforms to the general requirements of State legal system construction, conforms to the basic rules and special characteristics of radio, film and television, and conforms to the general objective of reform and development. Accelerating the promotion of radio, film and television law system building projects, even better giving rein to the guaranteeing, promotion, guidance and standardizing functions of legal system construction in radio, film and television undertaking reform and development.
II, Closely integrating radio, film and television reform and development processes, grasping formulation and completely implementing the implementation rules and set of measures of document NDC No. (2001)17. Including a number of implementing rules and related regulations for formulation and appearance of radio, film and television group reforms, financial system reforms, multimedia business and interregional operations, high-technology applications, the “stepping out project”, film distribution and screening mechanism reform, programme production and distribution sector access system, video-on-demand trials and management, network dissemination and broadcasting of film and television programme management, foreign satellite television channel landing examination and approval management, broadcaster, presenter and producer and production manager certification employment system, etc.,
III, According to the requirements of radio, film and television sector characteristics and strengthening management, on the basis of general reform and successful experimentation, timely transforming relevant implementation rules and policy steps into rules and regulations through legal procedures. Aimed at managing urgently required work standardization and adjustment hot spots and difficult problems, focusing on doing a good job of the revision of regulations such as the “Cable Television Management Trial Rules”, etc., and the completion of revision of rules and standardizing documents such as the “Operation of Radio and Television Programme Transmission Professional Examination and Approval Trial Rules”, “Rules Concerning Establishment of Cable Radio and Television Channel Examination And Approval Management Rules”, and turning them into administrative regulations at the right moment; aimed at the new situations and new problems brought about by high-technology development such as digitalization, networking, etc., to radio, film and television management, on the basis of original regulations and standardizing documents, timely drafting the administrative regulations and rules such as the “Television Drama Management Regulations”, “Online Dissemination and Broadcast of Film and Television Programme Management Regulations”, “Video On Demand Programme Management Regulations”, “Radio and Television Network Safety Management Regulations, etc.
IV, Learning from foreign experiences in protecting ethnic culture and social safety legislation, fully utilizing WTO regulations establishing protective screens for promoting Chinese radio, film and television development. Timely investigating drafting of a radio and television law and film law, strongly striving to use three to five years, to make the radio, film and television law and regulation framework to obtain realistic substance and completeness, raising radio, film and television law and regulation standing and efficiency, even better promoting and guaranteeing radio, film and television sector reform and opening up, strengthening macroeconomic regulation, standardizing market order, protecting public cultural rights, according to the law. Simultaneously it is necessary to strictly implement the “Legislation Law”, revise the “Radio, Film and Television Legislative Procedure Regulations”, complete legislative procedures, strengthen legislative planning and predictability, further strengthen regulation suggestions and replies, legislative explanation and regulation and rule filing, arranging and compiling work, raising legislative quality.
V, Strengthening intellectual property protection work, integrating radio, film and television system reality, completely implementing relevant laws such as the “Copyright Law” and the “Trademark Law”. Establishing a standardized and complete radio, film and television intellectual property rights protection system, supervising and examining the real situation of intellectual property rights law in the radio, film and television system; finishing popularizing and application of radio stations and television stations using works to standardize contracts; finishing coordination in relevant entities and systems with foreign-related radio, film and television intellectual property rights problems; coordinating with the State Council Legal Affairs Office in finishing drafting and research of statutory licences and remuneration rules for radio and television broadcasting of works, raising radio, film and television intellectual property rights protection level.
VI, Strengthening administration according to the law, management according to the law, strict enforcement of law and discipline, accurate law enforcement. It is necessary to realistically perform management and law enforcement duties, ensure that laws are strictly observed, enforcement of laws must be strict, lawbreakers must be dealt with. Executing the “Administrative Punishment Law” and the “Radio, Film and Television Administrative Punishment Procedure Trial Regulations” to the letter, finishing administrative punishment hearing work; further establishing and completing and vigorously pushing relevant institutions and steps such as radio, film and television system government administration publicizing systems, administrative law enforcement duty system, etc., raising the level and capacity of administration according to the law of the complete system, and management according to the law, diligently constructing a desirable radio, film and television management procedure.
VII, Completing law enforcement supervision systems, strengthening law enforcement supervision and inspection, guaranteeing that all laws, regulations and rules are completely and accurately implemented. It is necessary to further complete systems and steps relevant to law enforcement supervision radio, film and television administrative law enforcement mistake investigation systems, appraisal and examination systems, law enforcement announcement systems, etc.; executing the provisions of the “Administrative Redress Law”, “Administrative Litigation Law” and “Radio, Film and Television Administrative Redress Rules” to the letter, finishing administrative redress case acceptance and administrative defendant work; strengthening guidance and communication of the complete systems’ administrative redress and administrative defendant work, raising the radio, film and television systems’ administrative redress and administrative defendant capacity, work quality and level.
VIII, Diligently strengthening legal system consciousness, strengthening radio, film and television legal service and legal guidance. It is necessary to vigorously develop legal service and consultancy work in the radio, film and television system; it is necessary to conduct law examination and verification, and final checking by expert personnel over entities’ major policy decision, major and influential contrast or agreements, etc.; enterprises and undertaking work units meeting conditions may engage legal advisors; legal system work entities must, in major matters concerning radio, film and television rule building and system establishment or reform and development, act well as advising assistants before policy decisions, perform final checks well during policy decisions, and keep tabs on supervision and examination after policy decisions.
IX, Establishing, completing and perfecting law enforcement teams and team work organs, further strengthening law enforcement personnel and law enforcement work team establishment. It is necessary to perform law enforcement personnel professional training and assessment well, strengthen management over law enforcement personnel and law enforcement credentials; legal system work must accomplish thoughtfulness, goal-drivenness, planning, steps, organization, expertise, and outlay; it is necessary to make the legal system works’ concrete entities explicit, deploy expert staff who understand their profession, clearly administer leadership, grant the necessary financial and work condition support; it is necessary to broaden legal system cadre training channels, exert great effort to train and foster radio, film and television work teams with high political calibre, perfect professional ability and having both ability and integrity.
X, Completely implementing the “National Radio, Film and Television System Legal System Propaganda Education 4th Five Year Plan”, further improving and strengthening legal system propaganda education work. It is necessary to deeply study Deng Xiaoping democratic legal system theory and ruling the country according to the law, ruling the country according to virtue, establish the socialist legal system state’s basic plan, study propagating the Constitution and basic State laws, study socialist market economy laws and regulations, as well as radio, film and television specialist laws and regulations. Establishing and perfecting the guiding cadres’ legal system study and lecture system, official personnel legal knowledge training, examination and assessment system. Guiding cadres setting the example, completely strengthening radio, film and television system’s legal sense and legal knowledge in making policy decisions according to the law, administering according to the law, propagating according to the law, handling matters according to the law, creating a desirable legal system environment for the radio, film and television undertakings’ healthy development.