All provincial, autonomous region and municipal culture offices (bureaus), the Xinjiang production-Construction Corps Culture, Radio and Television Bureau, Beijing Municipality, Tianjin Municipality, Shanghai Municipality and Chongqing Municipality administrative culture market law enforcement units:
Through many years of development, the culture market has become the main channel for the popular masses’ cultural consumption, management work has also achieved clear results, the legal and regulatory system is basically established, market order is incessantly standardized, management levels are progressively raised, giving rise to an important function in cultural industry development and satisfying the popular masses’ spiritual culture requirements. At the same time, management work is still not adapted to the culture market development and new situation requirements. General Secretary Hu Jintao has made an important speech at the Central Policy Bureaus’ 22nd concentrated study, requiring the flourishing of town and country culture markets, strengthening culture market supervision, establishing a uniform, orderly and modern culture market setup with open competition, promoting comprehensive culture market law enforcement reform, striving to achieve management according to the law, scientific management and effective management. In order to implement the spirit of General Secretary Hu Jintao’s important speech at the 5th Plenum of the 17th Party Congress, the following opinions on further strengthening cultural market management work under new circumstances are hereby put forward.
I, Correctly discussing and deciding culture market development management circumstances and tasks
(1) Completely grasping the new circumstances facing culture market work. In the overall process of constructing a relatively well-off society the popular masses’ spiritual culture requirements are more prolific every day ad the strategic position of culture construction is more prominent every day. The Central Committee has put forward, starting from the strategic heights of the general composition of socialism with Chinese characteristics and the realization of the great revival of the Chinese nation, the necessity to promote the complete flourishing of cultural undertakings and the speedy development of the cultural industries, construct a uniform, orderly and modern culture market setup with open competition. Following the nation’s cultural system reform’s progressive deepening and concrete progress in comprehensive culture market law enforcement reform, the culture management system has seen major change, the culture market has changed from divided management and divided law enforcement into uniform guidance with comprehensive law enforcement, and the management scope has rapidly expanded. Culture is deeply mixed together with information networks, and has smashed traditional culture market classification methods and management models, at the same time of promoting culture market development, a number of new situations and new problems has been brought along. New circumstances have put forward even higher requirements of culture market management work, and it is urgently necessary to conduct timely adjustment and innovation of culture market management theory, thinking, methods and means.
(2) Soberly understand the problems existing in culture market management work. Looking from the national scope, the situation of large markets, small teams exists widespread, culture market management tasks are more strenuous every day, the contradiction between progressively expanding difficulty and the comparative insufficiency of management inputs is more clear everyday, especially in the Central and Western regions, culture market management organ and team construction has been delayed for a long time, personnel appointments, financial inputs, facilities and equipment, general qualities, etc., are hard to adapt to the requirements of modern culture market management. Because of the weak supervision, and insufficient efficiency, a number of regions’ culture markets still display a number of problems, including the discovery now and then of illegal cultural products with sexual, obscene and reactionary content, unlawful and irregular activities that despite bans cannot be stopped, destabilized market order, undermining social conduct, endangering social stability and national cultural security. It is urgently necessary to expand government input, raise guarantee capacity, strengthen team construction and raise management level.
(3) Striving to realize historical transformation of culture market management work. Culture market management work is to directly cater to society, sudden incidents are many, social hotspots are many, and the work responsibility is large. All levels’ administrative culture entities and comprehensive law enforcement organs must from the height of strengthening and improving the governance capacity of the Party in the sphere of ideology, promoting and guaranteeing the great flourishing and great development of socialist culture, strengthen a sense of mission and a sense of responsibility, strive to realize a transformation from stressing static advance examination and approval to stressing trend supervision during and after matters, a transformation from stressing market subjects, product and service entry to stressing market trading mechanisms and standardized construction, a transformation from stressing rigid control methods to the method of tempering force with mercy and bringing supervision into service, a transformation from having to rely on human inspection to integration of human inspection with technological management, raise culture market management to a new level.
II, General requirements and basic principles of culture market management work
(4) General requirements. Implementing the scientific development view, deeply moving culture market management structure reform forward, incessantly perfecting management mechanisms, completely strengthening culture market management, striving to raise management capacity and levels, constructing a modern culture market structure, standardizing culture market order, purifying the social culture environment, according to the law safeguarding the cultural rights and interests of consumers and national cultural security, in order to provide solid guarantees for promoting the great development and great flourishing of socialist culture.
(5) Basic principles. Facing new circumstances, culture market management work shall innovate management concepts, and persist in the following principles in the work.
– Persisting in the principle of management according to the law. Strengthening legal system construction, completing culture market legal and regulatory structures, perfecting the basic rules of culture market running, protecting the lawful rights and interests of business subjects; standardizing permit and law enforcement activities, implementing administrative management and law enforcement responsibility systems, achieving that there is a law to rely on, where there is a law it must be relied on, law enforcement must be strict, and law-breaking must be investigated.
– Persisting in the principle of market deployment. According to the requirements of constructing a rule by law government and a service-type government, transferring government powers, decreasing microscopic affairs, simplifying administrative examination and approval, avoiding direct intervention; fully giving rein to the basic function of the market in cultural resource deployment, persisting in the integration of macro-level control and regulation by the market, optimizing resource deployment, realizing the organic integration of total growth and structure optimization.
– Persisting in the principle of classification of guidance. Separately formulating scientific and reasonable management rules for different culture market sectors’ development characteristics and management situation, determining management models and methods adapted to this; according to different regions’ culture market development level and special characteristics, as well as the main existing contradictions and problems, determining the main tasks, focus management points and work steps conforming to the local reality.
– Persisting in the principle of government input. Strengthening culture market supervision and management, is a statutory task of government entities, the required administrative fees shall be borne by public finances, with government inputs, and cannot be borne by the subjects of management. It is necessary to incessantly expand government inputs, providing basic guarantees for culture market management work.
– Persisting in the principle of comprehensive coordination. Establishing and completing coordination organs with relevant entities, planning law enforcement resources as a whole, jointly taking action, coordinating between regions; strengthening sector self-discipline and market subjects’ self control, realizing the coordination and unification of social supervision, sector supervision and administrative supervision.
III, The main tasks of culture market management
Culture market management work in the new times must obey and serve the larger picture of the great development and flourishing of socialist culture, seek and prepare work orientations, implement work tasks, realistically achieve that no position is unfilled, and no position is exceeded.
(6) Completing culture market management legal and regulatory systems. On the basis the requirements of conformity with market economy laws, adaptation to culture market development trends, and linking with culture market management structure reform, completely comb culture market management laws and regulations, doing well the legislation, revision and abolishment work of the legal and regulatory system. Perfecting culture market law and regulation systems, promoting the roll-out of the “Artwork Management Regulations”, the” Culture Market Administrative Law Enforcement Management Regulations” as well as the “Electronic Gaming and Entertainment Market Management Rules”, the “Mobile Entertainment Management Rules”, revising the “Entertainment Venues Management Regulations” and the “Internet Surfing Service Business Venue Management Regulations”.
(7) Constructing a modern culture market structure. Drafting culture market development plans, utilizing laws, regulations and the necessary administrative methods, adjusting market development, optimizing market structuring, guiding and adjusting the culture market. Fostering and completing all sorts of cultural product markets and factor markets, smashing the market structure of horizontal and vertical separation, regional barriers, and separation of town and country, promoting the reasonable flow of cultural products and production factors, promoting town and country culture market development to be planned as a whole, constructing a uniform, ordered and modern culture market setup with open competition. Expanding culture market subjects, promoting culture market upscaling, chain development, brand development, perfecting modern circulation systems, fostering popular cultural consumption market and burgeoning culture business models, guiding and promoting cultural consumption, satisfying the popular masses’ diversified, many-layered, and many-faceted spiritual culture needs.
(8) Perfecting culture market entry, operation and withdrawal systems. Perfecting culture market subject and product entry systems, strengthening culture market subject and content management. According to the law conducting content examination of cultural productions. Promoting the establishment of a scientific and reasonable culture market operation system, accelerating culture market credit systems and standards systems construction, standardizing relations between market operation subjects, and consumers and businesses, constructing a market environment with fair competition. Through systems such as government guidance, information announcements, awards and rewards, “black lists”, etc., establishing support and reward mechanisms for outstanding market operation subjects as well as cultural products, voluntary withdrawal and forced withdrawal mechanisms for below-standard market subjects as well as cultural products.
(9) Establishing and perfecting comprehensive culture market law enforcement. Deeply moving comprehensive culture market law enforcement reform forwards, promoting law enforcement forces of entities such as culture, radio, film and television, and press and publication, etc., to integrate, establish comprehensive culture market law enforcement systems with “clear responsibilities, standardized conduct, effective supervision, and forceful guarantees”. All levels’ administrative culture entities must according to regulations, plan as a whole, coordinate, supervise and guide comprehensive culture market law enforcement. All levels’ comprehensive culture market law enforcement organs are to be joint administrative law enforcement forces for the whole propaganda and culture system, and shall accept corresponding professional guidance from culture (heritage), radio, film and television, press and publications (copyright) entities, implement the work deployment of coordinating organs such as “Sweeping Pornography and Striking Illegality”, comprehensive administration, etc., take protecting intellectual property rights, cleaning up the social and cultural environment, safeguarding the lawful rights and interests of consumers and national cultural security as focal points, completely implement culture market supervision duties, incessantly move legal system formation, scientization and scale expansion in comprehensive law enforcement work forward.
(10) Strengthening culture market management and comprehensive law enforcement team construction. According to the requirements of specialization, standardization and informatization, constructing a number of culture market management and comprehensive law enforcement teams that are strong in politics, excellent professionally, strict discipline, a correct work style and a good image. Formulating team construction planning, clearly strengthening tasks, measures and requirements of team capacity construction, system construction, equipment construction, image construction and clean government construction. According to the local economic and social development level, and culture market management requirements, guaranteeing law enforcement fees, allocating law enforcement vehicles, purchasing essential law enforcement equipment such as investigation and evidence collection, content examination, technological control equipment, etc., perfecting law enforcement conditions and remuneration, moving comprehensive law enforcement teams’ standardization construction forward. Making law enforcement standards, procedures, documents and symbols uniform. Formulating training plans, optimizing and integrating training resources, fostering a batch of specialized culture market management and law enforcement professional backbones. Completing county-level and higher culture market management and law enforcement teams, establishing and perfecting town and country culture market management systems and mechanisms.
(11) Establishing nationwide culture market technological management structures. Vigorously utilizing information network technology, innovating culture market management methods. According to the principles of “general planning, divide implementation, network the whole country, operationalize on different levels”, working out general plans, standards and norms for culture market technological supervision systems, progressively constructing a uniform, high-efficiency nationwide culture market technological supervision system, undertaking core applications such as culture market macro-level decision-making, market access, comprehensive law enforcement, trend management, public service, etc. Completely utilizing comprehensive culture market law enforcement office systems, moving comprehensive law enforcement work informatization forward. Perfecting the national culture market reporting and supervision system “12318”, raising the level of social forces participating in culture market management.
IV, Strengthening culture market management organization and guidance
(12) Strengthening uniform guidance over culture market management work. Establishing and completing a uniform culture market management guidance system, fully giving rein to the function of the culture market management work leading small group, strengthening uniform guidance over culture market management and comprehensive law enforcement, shaping a culture market management deployment with “Party Committees guiding, government managing, sectors self-disciplining and society supervising”.
(13) Reasonably dividing all levels’ management entities’ responsibilities. It is necessary to reasonably divide central and all local levels’ administrative culture entities’ culture market management tasks. The Ministry of Culture is mainly responsible for nationwide culture market macro-level management, through formulation of laws and regulations, rolling out policies, establishing systems, strengthening training and supervising examination, planning as a whole and guiding nationwide culture market management work. Provincial-level administrative culture entities must integrate the local reality, implement all centrally rolled-out laws, regulations and policies, undertaking examination and approval management work entrusted by the Ministry of Culture, coordinate relevant entities’ formulation of local culture market management regulations and policies, guide township and county level administrative culture entities in developing culture market management work. Township and county-level administrative culture entities must according to the requirements of central and provincial-level administrative culture entities, according to the principle of localized management, implement and undertake the main responsibility in undertaking culture market management. All levels’ comprehensive culture market law enforcement organs that are authorized by provincial (autonomous region, municipal) People’s Governments to implement uniform law enforcement, are responsive to the same level’s People’s Government. Organs entrusted to conduct uniform law enforcement, are responsible to the entrusting organ, and accept supervision, guidance and assessment by the entrusting organ. Lower-level comprehensive law enforcement organs simultaneously accept professional guidance from higher-level comprehensive law enforcement organs.
(14) Strengthening whole-scale planning and coordination in culture market management. It is necessary to plan as a whole and coordinate culture market management and administrative law enforcement according to the principle of “separation of policy formation functions and supervision or punishment functions”. administrative culture entities mainly are responsible for culture market macro-level management, completing culture market management laws and regulations, policy structures, standards and norms, implementing market access and content control tasks, are responsible for culture market operational management, guiding and supervising entrusted comprehensive law enforcement organs in developing comprehensive law enforcement work according to the law, raising law enforcement requirements, assessing law enforcement results, providing specialized service. Comprehensive culture market law enforcement organs, according to authorization or entrustment, conducting uniform law enforcement in the culture market, are responsible for concrete law enforcement work, exercising administrative culture market punishment powers as well as corresponding administrative investigation powers and administrative coercion powers, completing law enforcement work systems, perfecting law enforcement procedures, implementing administrative law enforcement tasks and law enforcement error investigation systems, enforcing the law according to the law, completing law enforcement tasks given by government or entrusting entities, accepting legal system supervision and administrative control. administrative culture entities and comprehensive law enforcement organs must, under the uniform guidance of the culture market management work leading small group, divide labour and responsibilities, each perform their own functions, plan as a whole and coordinate, cooperate closely, timely circulate policies, laws, regulations, examination and approval, investigation and administrative punishment situations mutually, jointly do well culture market management work.
(15) Strengthening culture market management work result assessment. According to the principle of revolving around the centre, and serving the larger picture, establishing culture market management and comprehensive law enforcing work result assessment systems, perfecting culture market policy evaluation, feedback mechanisms, moving culture market management and comprehensive law enforcement innovation and progress under new circumstances forward. Establishing and perfecting central, provincial, district and county level culture market management result appraisal mechanisms. Provincial, district and county administrative culture entities must conduct annual result appraisal of culture market management and entrusted law enforcement by comprehensive law enforcement organs, make work more detailed, quantify tasks. It is necessary to integrate result appraisal work, establish award and reward systems, muster the vigour and initiative of basic-level administrative culture entities’ management personnel and law enforcement personnel, promoting the healthy and orderly development of our country’s culture market.
20 December 2010