On 11 November, SARFT issued the “SARFT Notice Concerning Printing and Distribution of the Strengthening a Rule of Law Government Construction Work Plan” to all provincial, autonomous region and municipal radio, film and television bureaus, the Xinjiang Production-Construction Corps Radio and Television Bureau, all SARFT-organ departments and bureaus and all directly subordinate work units, the Notice says that, in order to implement the spirit of the 5th Plenum of the 17th Party Congress, accelerate the construction of a socialist rule of law country, accelerate the construction of a legal system government and a service-oriented government, according to the “State Council Notice Concerning Strengthening Rule of Law Government Construction” (SC No. (2010)33), integrating the radio, film and television reality, the “SARFT Strengthening a Rule of Law Government Construction Work Plan”, has been deliberated and passed at the SARFT departmental meeting. Please integrate it in the work practice and earnestly implement it.
SARFT Strengthening a Rule of Law Government Construction Work Plan
Implementing the basic general plan of ruling the country according to the law, moving administration according to the law forward and constructing a rule of law government are revolutionary changes from the concepts to the methods in the Party’s governance of the country, and have an importance marking an epoch. Strengthening rule of law government construction is a necessary requirement for developing a socialist market economy, it is a basic guarantee for social fairness and justice, it is an important aspect of deepening political-legal system reform, it is an important move in government construction and the fight against corruption. Facing new tendencies, new tasks and new requirements, it is necessary to strengthen rule of law government construction penetrating through the whole progress of radio, film and television reform and development, making radio, film and television work completely have support of the law, completely have guarantees of the law, completely based on the supervision of the law. In order to implement the spirit of the 5th Plenum of the 17th Party Congress, strengthening radio, film and television rule of law government construction, on the basis of the “State Council Opinions Concerning Strengthening Rule of Law Government Construction” (SC No. (2010) 33) (hereafter simply named “Opinions”, and integrating the radio, film and television reality, this work plan is formulated.
I, General requirements and basic principles
1, General requirements. At present and in the following period, earnestly implementing the basic general plan of ruling the country according to the law, making implementing the requirements of the “Opinions” into an important work of the radio, film and television system, realistically strengthening a rule of law consciousness, persisting in the organic unification of the leadership of the Party, the people mastering their own affairs and ruling the country according to the law, establishing correct power views and career achievement views, completely moving administering according to the law forward, incessantly raising capacity to make policy according to the law, manage according to the law, conduct affairs according to the law, raising the credibility and implementation strength of administrative radio, film and television entities, constructing rule of law government, honest and clean government and service-oriented government, giving rein to an even larger function for the grand development and grand flourishing of radio, film and television.
2, Basic principles
– Persisting in the leadership of the Party, firmly establishing a rule of law consciousness, an order consciousness, a consciousness of the large situation and a duty consciousness. Through statutory procedures, transforming Party and State lines, general and specific policies effective in practice in the radio, film and television area into a legal system, and completely implement it in radio, film and television work.
– Persisting in implementing the scientific development view’s penetration of the rule of law government construction process. Persisting in taking people as the basis, safeguarding fairness and justice, making policy according to the law, managing according to the law, realistically guaranteeing and realizing the basic cultural rights of the popular masses, satisfying the daily increasing spiritual culture needs of the popular masses.
– Persisting in reform and innovation, serving the scientific development of radio, film and television, taking system and mechanism innovation as break-through points, vigorously and safely resolving new circumstances and new problems emerging in radio, film and television reform and development, abolishing systemic and mechanistic obstacles, creating a desirable rule of law environment for reform and development.
– Persisting in starting from reality, firmly grasping radio, film and television development characteristics and rules in government construction, accomplishing adaptation to the requirements of the radio, film and television reality, standardizing management and promoting the unification of flourishing and development.
– persisting in vigorously moving forward unification step by step, both considering every possible angle and coordinating planning, and also breaking through in focal points and implementing step by step, making all work matters such as legislation, law popularization, law enforcement, legal services, law enforcement supervision and examination, etc., support each other, spur each other, and jointly move forward.
3, Plan objectives. Through a period of great effort, clearly strengthening administrative radio, film and television entity work personnel and especially leading cadres’ administration according to the law consciousness and capacity, radio, film and television legal system frameworks to be basically shaped, radio, film and television system construction quality to be clearly raised, administrative policies to be made even more scientific and democratic according to the law, administrative law enforcement to be made even more just and civilized, management duties to be realistically carried out, government transparency to be completely moved forward, administrative supervision systems and duty inquiry systems to be even more perfected, corresponding social contradictions and disputes to be even more guarded against and dissolved, rule of law government, clean government and a service oriented government construction to be further strengthened.
II, Focal duties and steps
4, Raising an administration according to the law consciousness and capacity. All levels’ administrative radio, film and television work personnel and especially leading cadres must initiate studying the law, respecting the law, obeying the law and using the law, firmly establishing the socialist rule of law concept with basic content of ruling the country according to the law, law enforcement for the people, fairness and justice, serving the larger picture and Party leadership, realistically raising the capacity to use legal system thinking and legal methods to resolve prominent contradictions and problems in radio, film and television development and management. Establishing correct rights views, career achievement views and interest views, disciplining oneself according to the law, using administrative power according to the law, persisting in using power for the people and seeking benefit for the people. It is necessary to give regard to promoting excellent cadres a strong consciousness for using administration according to the law, good at utilizing legal methods to resolve problems and promoting development.
Strengthening legal system education for all levels’ leading cadres. Perfecting leading cadres’ study of the legal system, developing Party group centres to organize activities such as collectively studying law, thematic law lectures, etc., all levels’ administrative radio, film and television entity Party groups (Party Committee) centres organize at least one collective law study per year. Promoting administration according to the law situation observation and study, and law knowledge testing systems. Researching formulation of “Sixth Five-Year Plan” law popularization work plans. According to the principle of responsibility at different levels, guidance in different categories and paying attention to actual results, grasping focusing on law popularization targets, focusing on law popularization content, focusing on law popularization work. Adopting many kinds of forms, strengthening radio, film and television official team rule of law concept education and professional capacity training. Establishing long-term law knowledge study and training mechanisms, making legal system education into an important content to be brought into on-the-job training for officials. All levels’ administrative radio, film and television entities must regularly organize administrative law enforcement personnel to participate in common legal knowledge training, radio, film and television law knowledge rotational training, new law and regulation-theme training and law enforcement professional training. Doing well law popularization teaching material compiling and law popularization platform construction aimed at the real requirements of law popularization targets.
5, Realistically accelerating radio, film and television legislation work. In radio, film and television legislation work, it is necessary to fix the eyes upon resolving the multi-level problems in radio, film and television reform and development, promoting development method transformation, stimulating the great development and great flourishing of radio, film and television, concentrating forces to accelerate and move forward with radio, film and television focus legislation points. Drafting and formulating radio, film and television “Twelfth Five-Year Plan” legislation work plans. SARFT will vigorously coordinate with the NPC, the State Council Legal System Office to accelerate moving forward of the Film Industry Promotion Law and the Radio and Television Transmission Guarantee Law formulation work; at the right moment, starting radio, film and television legal system formulation work; coordinating with the State judiciary and relevant entities, strengthening relevant radio, film and television law article judicial interpretation formulation work. At the right time, starting revision work of administrative regulations such as the Radio and Television Management Regulations, the Film Management Regulations, the Satellite Television Broadcast Surface Reception Facility Management Regulations, Provisional Cable Television Management Rules, Imported Film Management Rules, etc. Centring on radio, film and television reform and development problems needing to be resolved most urgently, further doing well regulatory formulation and revision work. Supporting and encouraging localities with a good reform practice basis, and mature legislation conditions to roll out local radio, film and television regulations and governmental rules in advance, promoting administrative radio, film and television entities of localities with legislative powers to develop local radio, film and television legislation work. Drawing support from the legislation of other State levels, vigorously reflecting and embodying radio, film and television rule of law appeal. Strengthening administrative regulations and rules interpretation work.
6, Striving to raise system construction quality. In radio, film and television legislation, it is necessary to persist in scientific and democratic legislation according to the law, strictly respecting and obeying statutory powers and procedures, realistically raise legislation quality, strive to explore and grasp the rules of radio, film and television legislation work, strengthen the operability of systems and measures. Persisting in safeguarding the uniformity of the legal system, guaranteeing unimpeded government decrees. Implementing open legislation, broadly soliciting opinions, raising legislation transparency. Apart from where secrecy is needed according to the law, administrative regulation and rule drafts must openly solicit opinions, and in a suitable way accept feedback opinions and their reasons. Establishing and perfecting expert consultancy and expounding systems. Vigorously exploring development of legislation cost-benefit analysis, social risk evaluation and post-implementation evaluation work.
7, Tidying up rules and normative documents. administrative radio, film and television entities must strictly according to the requirements of the “Opinions” and corresponding State Council documents, perform radio, film and television rule and normative document tidying-up work. Persisting in laying equal stress in establishing “new law” and reforming “old law”. It is necessary to timely revise or abolish rules and normative documents that do not conform to the requirements of economic development, contradict or disagree with higher-level laws, or that are not coordinated mutually, and where dispatches are not standardized. It is necessary to timely announce the catalogue of abolished rules and normative documents to society as well as the continuous valid rules and normative documents. SARFT shall every five years, tidy up radio, film and television rules once, and every two years tidy up normative documents once, and announce the cleanup results to society.
8, Perfecting normative document formulation and filing procedures. All levels’ administrative radio, film and television entities must strictly according to the law formulate normative documents. All normative documents rolled out by SARFT, must be promulgated under the name of SARFT, and may not be promulgated under the name of bureaus or departments. All sorts of normative documents may not establish matters such as administrative permits, administrative punishments, administrative coercion, etc., may not unlawfully expand the duties of citizens, legal persons or other organizations. Formulation of normative documents creating direct influence on the rights and obligations of citizens, legal person or other groups, must openly solicit opinions, the legal system organ conducts examination of legality, and it must be decided through collective discussion by the entity’s leadership rank meeting; those not having solicited opinions, being examined for legality or being collectively discussed, may not be promulgated and implemented. Apart from where secrecy is required according to the law, normative documents must all be opened up to society. SARFT will research the promulgation of special regulations for normative document formulation and filing examination, and progressively realize uniform registration, uniform numbering and uniform promulgation. SARFT and provincial-level administrative radio, film and television entity websites shall establish filing columns, and regularly announce catalogues of normative documents that passed through filing and examination.
9, Completely persisting in scientific and democratic policy-making according to the law. All levels’ administrative radio, film and television entities must according to the requirements of the “Opinions”, perfect rules of procedure, standardize administrative policy-making procedures. It is necessary to make public participation, expert expounding, and risk appraisal, examination of lawfulness and collective discussion and decision-making major necessary procedure of policy-making. Before making major policies, it is necessary to broadly solicit and fully attract opinions from all angles, and in a suitable way accept feedback opinions and their reasons. Progressively moving major policy-making solicitation systems forward. Perfecting administrative policy-making risk appraisal systems, for all policy-making matters such as major policies and major programmes relating to radio, film and television development and the popular masses’ direct interests, risk appraisal must be conducted, and advance reconciliation and disposition plans must be formulated. Those not having undergone risk appraisal, may not be submitted for discussion at a meeting, or be made into policy.
10, Strictly implementing administrative radio, film and television management duties according to the law. All levels; administrative radio, film and television entities must accurately grasp radio, film and television ideology and the double nature of the industry, correctly deal with the relationship between social interest and economic interest, abide by radio, film and television development rules and the rules of the socialist market economy, implement economic adjustment, market supervision, social management and public service functions according to the law, complete the basic duties of grasping the correct orientation, guaranteeing safe broadcast and development of undertakings and industries, strengthening management according to the law. It is necessary to according to the Centre’s requirements concerning the uniform deployment of cultural structural reform and administration according to the law work, earnestly implement the Administrative Permit Law, deepen administrative radio, film and television examination and approval system reform, further standardize and reduce administrative examination and approval, move government function transformation and management method innovation forward.
11, Standardizing administrative radio, film and television law enforcement activities. All levels’ administrative radio, film and television entities and law enforcement organs must firmly establish law enforcement for the people, earnestly implement the “State Council Secretariat Some Opinions Concerning Practicing the Administrative Law Enforcement Responsibility System” (SCS No. (2005)37), strictly implement administrative law enforcement responsibility systems. Timely combing law enforcement basis, scientifically establishing law enforcement posts, reasonably resolving law enforcement powers. Progressively establishing administrative decision power criteria systems, scientifically and reasonably splitting up and quantifying administrative decision powers. Strengthening law enforcement procedure system construction, splitting up law enforcement workflows, clarifying law enforcement segments and measures, guaranteeing procedural fairness, safeguarding the lawful rights and interests of administrative opposites. Completing administrative law enforcement investigation rules, standardizing evidence collection activities. Strengthening administrative law enforcement normalization construction, progressively moving law enforcement workflow on-line management forward. Strengthening law enforcement appraisal and assessment. All levels’ administrative radio, film and television entities must according to the Centre’s requirements on cultural structural reform and relevant SARFT documents, coordinate to perform comprehensive law enforcement organ establishment work, clarify radio, film and television law enforcement powers brought into comprehensive law enforcement, according to the law standardize radio, film and television comprehensive law enforcement law enforcement subjects. SARFT will be responsible for organizing the compilation of administrative radio, film and television enforcement handbooks and administrative radio, film and television law enforcement case analysis, clarifying administrative punishment matters, unifying administrative law enforcement documents and books. Perfecting comprehensive law enforcement coordination, cooperation and information circulation systems, strengthening major case supervision and management, realistically implementing radio, film and television management duties.
12, Vigorously utilizing high and new technology means to improve and innovate management methods. All levels’ administrative radio, film and television entities must accelerate the establishment and perfection of advanced and effective monitoring and supervision technology systems with broad coverage, raise administrative radio, film and television management efficiency and standardization levels. Highly giving regards to technological supervision of Internet audiovisual programmes, IP television, mobile telephone television, etc., under the three integrated networks, accelerating establishment of a uniform radio, film and television technology and content supervision platform, realizing complete and effective monitoring and supervision of activities such as content dissemination, organ operation, transmission effectiveness of different forms of radio and television. Establishing and perfecting digital film technology service and supervision platforms.
13, Energetically moving government openness forward. All levels administrative radio, film and television entities must earnestly implement the Government Information Openness Regulations and relevant State Council regulations, complete active government information openness work mechanisms, government information openness application and acceptance mechanisms, perform well government information openness catalogue and guideline drafting, renewal and supplementing work. SARFT will research the formulation of special regulations for radio, film and television government openness. Completely moving forward work openness systems, according to the law opening work bases, conditions, requirements, processes and results, fully informing relevant work programme information. It is necessary to reply within the statutory time limit to applications for opening government information by the popular masses, and do well corresponding service work. Moving forward electronic government information system construction, constructing network information and for-the-people service platforms, progressively moving online electronic examination and approval forward, serving with “One Window to the Outside” and “One Stop” methods, raising service efficiency, reducing administrative costs. Strengthening government website construction, perfecting government announcement forms, broadening information openness channels. Perfecting news announcement systems, timely announcing policies concerning major radio, film and television matters to the outside. Further perfecting information reporting mechanisms, raising information reporting quality. according to the law appropriately dealing with the relationship between information openness and secret protection.
14, Establishing and perfecting administrative mediation systems. All levels’ administrative radio, film and television entities must research the establishment of administrative mediation work systems of which the administrative radio, film and television entities have general responsibility, with legal system organs taking the lead, and professional organs as the core, scientifically defining mediation scopes, standardizing mediation procedures. It is necessary to conduct mediation according to the law over disputes involving a relatively large number of people, has a relatively large influence, perhaps influencing social stability. Matters that cannot be resolved by administrative mediation, shall be timely notified to the parties concerned and actively transferred to other procedures for handling.
15, Strengthening and improving the conduct of administrative redress and administrative litigation work. All levels’ administrative radio, film and television entities must unblock redress application channels, simplify application procedures. It is necessary to earnestly do well interpretation and announcement work of matters not falling in the scope of redress according to the law, persisting in the activity of not accepting redress application for disputes without proper reason. It is necessary to strictly abide by the provision of the Administrative Redress Law, according to the law fairly make redress decision. Completing administrative redress organs, guaranteeing that redress cases are handled by two or more redress officials according to the law. At the right time starting administrative radio, film and television redress rule revision work. Perfecting administrative litigation systems, researching the formulation of concrete rules for administrative radio, film and television litigation. Sued administrative radio, film and television entities shall appoint personnel from the legal system organ and personnel investigating the administrative action at issue to appear in court and respond to litigation for administrative cases accepted by the People’s Courts, vigorously coordinating with the People’s Courts’ administrative litigation activities. Respecting and taking the initiative to implement the effective decisions of the People’s Courts. Timely correcting problems of administrative unlawfulness discovered in administrative redress or administrative litigation. Establishing and completing administrative redress and administrative litigation statistics and reporting systems.
16, Strengthening administrative supervision and responsibility inquiry. All levels’ administrative radio, film and television entities must on their own initiative accept supervision from the People’s Congress and its Standing Committee, democratic supervision by the Political Consultative Committee and the supervision implemented by the People’s Courts according to the law. It is necessary to earnestly respond to all motions and inquiries from all levels’ People’s Congress Members and Political Consultative Committee Members, and improve radio, film and television work on the basis of their opinions and advices. Perfecting reporting and complaint systems for the masses, announcing reporting and complaint channels. Strengthening and improving public opinion supervision, persisting in correct supervision, scientific supervision, supervision according to the law, and constructive supervision, guaranteeing the popular masses’ right of information, right of expression, right of participation and right of supervision. Strengthening internal supervision between higher and lower administrative radio, film and television entity levels and specialized supervision over auditing, supervision, etc. Straiten administrative responsibility inquiry, earnestly implementing the Administrative Supervision Law, the Civil Servant Law, the Administrative Organ Personnel Punishment Regulations and the Provisional Regulations Concerning Implementing Party and Government Leading Cadre Responsibility Inquiry. Researching the formulation of concrete regulations for major radio, film and television policy-making follow-up, feedback and responsibility investigation, moving forward punishment and anti-corruption system construction.
17, Incessantly strengthen sector self-discipline. All levels’ administrative radio, film and television entities must fully give rein to the self-education and self-discipline functions of the sector organizations, clarify the function divisions of administrative radio, film and television entities and sector organizations, stimulate the integration of governmental macro-level control and sector self-discipline. Earnestly summarizing successful methods and beneficial experiences of sector self-discipline in aspects such as advertising broadcasting, network audiovisual programme services, broadcaster and presenter professional ethics construction, etc., incessantly perfecting, timely popularizing, making it become an important channel for innovating management methods. Moving forward all sorts of radio, film and television sector organizations’ constructive and standardizing functions, strengthening leadership and management over sector organizations and intermediary organs.
18, Expanding rule of law propaganda strength. Continuing to give rein to the superiority of radio and television media, expanding social law-popularization and propaganda strength. Vigorously developing many kinds of legal system propaganda methods, innovating legal system columns and programmes, organizing legal system channels and frequencies, grasping legal system-themed film and television programme creation and production. Doing well the “4 December” national legal system propaganda day organization activities. Developing law popularization propaganda in implementing rural film screening projects. Strengthening law and regulation propaganda closely related to the popular masses’ life and production, forcefully carrying forward the spirit of the socialist rule of law, creating a desirable atmosphere of doing things according to the law, safeguarding the authority of laws in society, striving to move rule of law social construction forward.
III, Implementation and guarantees
19, Strengthening guidance over administration work according to the law. All levels’ administrative radio, film and television entities must give an even more prominent position to completely moving forward administration according to the law, strengthen rule of law government construction. Strengthening main personnel in charge to make a responsibility system with administering according to the law first. Establishing administration according to the law guidance and coordination mechanisms in which main responsible persons take the lead, uniformly guiding that entity to conduct administration work according to the law. Strengthening administration according to the law work assessment, deepening the formulation of administration according to the law assessment indicators for those entities, simultaneously deploying, simultaneously implementing and simultaneously assessing administration according to the law and radio, film and television reform, development and stabilization duties.
20, Formulating implementation plans, strengthening supervision and examination. All levels’ administrative radio, film and television entities and SARFT must according tot the “Opinions” and the requirements of this work plan, grasp formulation of realistic and feasible concrete plans and steps with strong operative nature. All levels’ administrative radio, film and television entities must annually report the moving forward of administration according to the law situation of the People’s Government controlling authority of one level higher. Strengthening supervision and guidance, monitoring and inspection over moving forward administration according to the law work, granting awards and rewards to work units and individuals with outstanding achievements according to relevant State provisions, issuing reports of criticisms to those with weak work.
21, Strengthening radio, film and television legal system organ and team construction. All levels’ administrative radio, film and television entities must fully give rein to the organization and coordination, and supervision and guidance functions of legal system organs in aspects of moving forward administration according to the law and constructing a rule of law government, further strengthen legal system organ construction, making legal system organs’ specifications, personnel allotment correspond with the duties and obligations they must undertake. Provincial-level administrative radio, film and television entities shall have legal system organs, allocate special personnel, and appoint special funding. Exploring the construction of legal consultancy systems, provincial-level and higher administrative radio, film and television entities establish legal consultancy, progressively realizing legal consultancy systematization. It is necessary to expand training, utilization and exchange strength of legal system cadres, give high attention to promote legal system cadres with high political qualities, good legal accomplishments and strong work capacity; provincial-level or higher afters must annually organize special training classes for legal system backbones, moving forward legal system cadre exchange and rotation, exploring on-the job education and formal education of legal system cadres. Legal system organs must earnestly implement their duties, and make plans and schemes for concrete administration according to the law work such as establishing rules and systems, administrative policy-making, dealing with contradictions, resolving difficult problems, etc., and provide services. Legal system organ personnel must adapt to the requirements of new tendencies and new tasks, centre on raising policy-making and support strength, raising legal system guarantee levels, strive to foster capacities in strategic thinking, rule of law thinking, being good at utilizing legal methods to resolve problems in development, strive to raise the level of doing well government legal system work, earnestly implement duties, contributing strength for administration according to the law of their entity.