摘要
我国文化产业政府规制立法取得了长足进步,但还存在规制法律缺失较多、规制立法的部门利益保护色彩较重、在法制功能上重保障、轻促进及有些法律规范缺乏针对性和可操作性等问题。因此,应当明确文化产业政府规制立法的基本原则,构建文化产业政府规制法律的科学体系,理顺文化产业规制主体的职权关系,多层面扶持和促进文化产业发展,并注重国内法与国际法的衔接,多管齐下,完善我国文化产业政府规制法律体系。
China＇s cultural industry has made great progress in the aspect of government legislation, but at the same time there exist some problems such as the lack of relevant laws regulated by government, the inclination of the department making the laws to protect certain group＇s interests, the focus on guarantee function instead of promotion function of the laws and the lack of pertinency as well as operability of some laws and regulations. In light of these problems, we should clarify one basic principle, that is, in cultural industry the government should be the law-making body. We should also establish a scientific system for government legislation in cultaral industry, adjust the relationship of authorities between different law-making bodies in the government, support and promote the development of cultural industry from different aspects as well as pay attention to the convergence of domestic law and intemational law so as to optimize government-regulated law system in China＇s cultural indus＇try.
基金
教育部人文社会科学研究规划基金项目(10YJA630199)
关键词
文化产业
政府规制
法律体系
完善
cultural industry
law-making by government
law system
optimization
