"constructing china's autonomous knowledge system"
Author: wan yong (researcher at the centre for research and research into china's specialist socialist thoughts in the new age of xi jinping, beijing, and associate professor at the faculty of public information and communication, chinese university of political science and law)
A more robust system of cultural laws and regulations and a more effective system of cultural governance is an important objective of our cultural development during the “1455” period. In response to this new requirement, the central office of the communist republic of china and the office of the state council issued an opinion on strengthening legal education and legal theory research in the new era, which proposes to strengthen the development of cultural jurisprudence. The construction of an autonomous knowledge system of cultural law is an inherent requirement and an important task in strengthening the development of cultural law disciplines. The research focus should be on the extraction of the conceptual, original academic concepts of chinese identity and world influence. Efforts should be made to translate the political advantages of china's distinctive socialist cultural system into theoretical and linguistic advantages and to promote the comprehensive and innovative development of cultural law academic, academic and linguistic systems。
Focus on the three systems
Cultural law, as a social science studying the theory and practice of cultural law and its development patterns, should be guided by the idea of the rule of law in xi jinping, the idea of xi jinping culture, the object of the study to safeguard cultural rights, to regulate cultural relations, to regulate cultural behaviour, to focus on how cultural law adapts the provision of cultural goods and services, to carry out cultural activities, to provide intellectual support, academic support, to strengthen the guarantee of the rule of law in the construction of culture in the new era, to promote cultural heritage, cultural development and cultural exchange, and to help build a socialist cultural power on the path of the rule of law and modern civilization of the chinese nation。
Cultural law is typical of cross-disciplinary and applied law and belongs to a cross-sectoral and integrated discipline. One of the problems in the development of cultural law is the relative ambiguity of the basic concepts of the autonomous knowledge system of cultural law, the preponderance of concepts, theories and theories, the development of disciplines, academic thinking based on the rules of the cultural industry, the predominance of journalism and communication in the linguistic system, the invisibility of legal texts and the low degree of cross-fertilization of cultural law. The construction of an autonomous knowledge system for cultural law should be based on the building of academic, academic and linguistic systems. In particular, the academic system should study the basic concepts represented by cultural sovereignty, cultural leadership, the right to cultural protection, and the theory of cultural jurisprudence represented by the theory of cultural diversity, the theory of cultural appropriateness and the theory of the right to cultural equality. At the level of the system of disciplines, there is a need to define the direction of the disciplines, accelerate the development of the academic workforce, conduct organized scientific research on cross-cutting subjects, establish a practice-oriented evaluation system, develop innovative models of talent development, establish an independent curriculum system and provide a discipline system to support the construction of autonomous knowledge systems. Among them, the cultural law curriculum should include core courses represented by marxist journalism, administrative law, economic law, intellectual property law, industrial economics and the introduction to cultural law; professional courses represented by cultural industrial law, cultural career law, cultural dissemination law and industry-based cultural sector law; and practical courses represented by political and cultural dissemination, public goods dissemination, etc. In terms of language systems, the aim should be to enhance the voice and influence of the autonomous knowledge system of cultural law, to strengthen the top-level design of strategic communication and the dissemination of influence, to use the rules of mass communication as the basic elements, to target the public at large in the international community, to shape the perception of china's cultural law system and its achievements by building a collection of case studies on cultural law, to interpret the chinese concept in terms familiar to different cultural subjects and to promote emotional resonance。
Culture-based rule of law practice
At present, the construction of an autonomous knowledge system for cultural law is not synchronized with the process of developing a socialist culture that is characteristic of china, and the practice of cultural rule of law is well ahead of the construction of disciplines. On the one hand, existing rule-of-law practices address practical challenges and provide a strong safeguard and promote the development of cultural industries and industries; on the other hand, from a systemic, professional and innovative point of view, cultural jurisprudence research is not sufficiently oriented towards cultural rule-of-law practices, and there are uneven and inadequate cultural rule-of-law developments, such as insufficient harmonization of industry regulations and varying regulatory scales。
In our country, the classification of cultural laws can be classified by nature as cultural industrial law and cultural undertakings law, and by industry category as cultural core and related fields law. At this stage, at the constitutional and sectoral level, there are more comprehensive provisions on legislation, enforcement, administration of justice and compliance with the law. For example, it is clearly established that the power to manage cultural undertakings belongs to the people, that the people are free to engage in cultural creative activities, that the state guarantees the people's right to education, that the state develops cultural undertakings, that it conducts mass cultural activities, and that it protects monuments and monuments, valuable cultural objects and other important historical and cultural heritages. Along with economic and social development, new issues related to cultural law have also begun to emerge. In the area of civil law, intellectual property law is an important legal instrument for the promotion of cultural development, and when digital property, digital personality and digital copyright appear, the question of the identity of data assets, the question of virtual personality rights, and the question of the copyright of digital journalism (accounty news) becomes a hot point for research. In the field of administrative law, the state council and other administrative departments, such as the internet, electricity, communications, market supervision and taxation, have adopted a series of administrative laws and regulations aimed at regulating industry and promoting cultural development. New legal problems arise when new cultural practices such as short video and live delivery and new business models such as mcn (multi-channel network), script killing and so on. The platform responsibility of digital cultural service providers, the regulatory scale of digital content, cyber rumours and cyberwater forces, among others, have become pressing issues, and institutions and norms for the development of cultural industries are being explored in the context of the reform of the “discharge suit” of government departments. At the level of economic law, the government has increased its efforts to combat monopolies and tax regulation. As a result of the development of the market for cultural elements, the rules of investment in cultural industries, the system of negative lists of cultures and the system of cultural data have been improved in practice, and the fundamental role of the constitution and the practice of the rule of law in sectoral law have fostered the development of cultural jurisprudence and improved the starting point for cultural jurisprudence. It is necessary to build on the practice of chinese culture and the rule of law in the new era, to adhere to the issue-oriented approach, to draw lessons from china's experience, to upgrade its experience to chinese theory and to continue to promote the construction and improvement of an autonomous knowledge system for cultural law。
Towards a public service concept
The universal declaration on cultural diversity, adopted by unesco, states that the creation of prosperity in diversity depends on the full realization of cultural rights. Cultural rights are an integral part of human rights, and our country's adherence to the concept of people-centred cultural development necessarily requires that the general requirements and policy orientation of public services be adhered to by building cultural rule of law. The concept of public service and the protection of the cultural rights of the population are at the heart of cultural jurisprudence research。
In the new era, china has achieved remarkable success in the construction of socialist culture, and public cultural products, cultural services and cultural activities have benefited the entire population more and more equitably. Following the value of this concept of public service, derived from the practice of cultural construction, as an autonomous knowledge system for the construction of cultural law, helps to better refine chinese wisdom and chinese programmes in academic terms. At the level of cultural products, the state has launched a number of major projects in the areas of publishing, theatre arts, film products, radio, television and internet audio-visual production, production, operation, dissemination and consumption of cultural products, which are strictly regulated, providing regulatory guarantees for the purpose of improving the quality of cultural and public goods and achieving a prosperous cultural and artistic production. At the level of cultural services, the public goods, basics, parity and accessibility of public cultural services are clearly regulated; libraries, museums, cultural halls, etc. Are mostly open to minors free of charge; etc. At the level of cultural activities, in order to ensure public safety, public cultural activities, such as events, performances, exhibitions and playgrounds, are guaranteed in an orderly manner, depending on the number of events, the nature of the activities, the application of different security management measures in the premises. At the procedural level, legal procedures based on the principles of openness and fairness have been established, and the integrity of the allocation of cultural resources has been guaranteed by relevant laws and regulations, such as the law on the protection of the intangible cultural heritage and the law on the promotion of the film industry。
The realization of the cultural rights of peoples is a constant pursuit of international human rights law, such as the international covenant on economic, social and cultural rights, and a universal aspiration of all nations of the world. The realization of cultural rights is based on three premises, namely the existence of cultural resources, the opportunity to exercise rights and the respect and guarantee of cultural rights by the state. The existence of cultural resources depends on the cultural heritage of each country and its protection; the opportunities for the exercise of the rights of peoples and the respect and security of the state depend on the norms of the legal system of their respective national policies and the level of economic and social development, integration and so forth. Looking at our rich practice of guaranteeing the people's cultural rights, we can see that the increasingly equitable distribution of cultural resources, the ever-expanding size of the beneficiary population and the increasing diversity of cultural diversity are the most visible manifestations of the superiority of china's socialist cultural system. Cultural law focuses on the realization of cultural rights, studying the normative aspects of the allocation of cultural resources, the legal aspects of the management of cultural property, compliance with its use and the accessibility and standardization of cultural services, and mainstreaming the concept of public service, thus drawing up the conceptual scope and building autonomous knowledge systems and making intellectual contributions to the protection of the cultural rights of the people and the advancement of human civilization。
The daily light (19. 01. 11 on 2024)
