Tong Gang, Deputy Director of the State Administration of Radio, Film and Television: Implement the Film Industry Promotion Law and Accelerate the Construction of a Film Power

At present and in the future, film authorities at all levels are vigorously studying, publicizing and implementing the Film Industry Promotion Law, especially to do a good job in "establishing, amending and abolishing" the "Film Management Regulations" and related rules and normative documents. All parties must form a joint effort to jointly create a strong atmosphere of the rule of law in film, ensure that all promotion measures in the law are effectively implemented, and that qualified film practitioners and personnel can equally enjoy support policies.

Original title: Implementing the Film Industry Promotion Law Since the reform and opening up from a major film country to a powerful film country

, with the care and support of the Party Central Committee and the State Council, the film legal system has made great progress, providing an important guarantee for the management of the film industry. Especially since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping as the core has attached great importance to film work and given careful guidance and great care to film legislation from all aspects. The film legislation process has been significantly accelerated. On November 7, 2016, the 24th meeting of the Standing Committee of the 12th National People's Congress reviewed and approved the Film Industry Promotion Law, which will be officially implemented on March 1, 2017. This is a breakthrough in the field of cultural legislation in my country and a milestone in the reform of the cultural system. It is of epoch-making significance for promoting the sustained, stable and healthy development of the film industry.

Review of the history of film legislation As

early as the early 1980s, the film industry issued a call for China's film legislation. In 2003, film legislation was incorporated into the legislative plan of the Propaganda Department of the CPC Central Committee and was drafted by the former State Administration of Radio, Film and Television. In 2008, the draft after multiple revisions was submitted to the Legislative Affairs Office of the State Council, and was later officially named the Film Industry Promotion Law. In December 2011, the Legislative Affairs Office of the State Council publicly solicited opinions from the public on the draft law, and then conducted repeated investigations and revisions. On September 1, 2015, the executive meeting of the State Council adopted the draft law and decided to submit it to the Standing Committee of the National People's Congress for review. Since 2015, the Standing Committee of the National People's Congress has conducted three reviews and two public solicitation of opinions from the public, and has continuously adjusted and improved until it is finally adopted.

The value and impact of the "First Law of the Cultural Industry"

The promulgation of the Film Industry Promotion Law (hereinafter referred to as this Law) is accompanied by the tortuous journey of China's films that have emerged from nowhere and transcended progress, and has witnessed the determination and achievements of the film industrialization reform. The outstanding highlight of this law is that it establishes the attribute of "film as an industry" from the legal level. This legislation highly summarizes and refines the experience of film reform since the 16th National Congress of the Communist Party of China, elevates the reform results to the level of the rule of law, and effectively consolidates the confidence in the development of China's film.

The legislative purpose of this law is to delineate clear boundaries of legal rights and obligations and provide a good social and legal environment for the development of the entire film industry. The main purpose and direction of legislation are promotion, which is highlighted as follows: first, transforming the government's management methods and actively giving full play to the market's promoting role in resource allocation; second, giving full play to the government's guiding and motivating role and adopting various supporting measures to promote the comprehensive development of the film industry; Third, it not only promotes industrial development, but also ensures cultural security; fourth, it provides a broad space for China films to tell China stories well and spread excellent Chinese culture on the world stage.

The "Thirteenth Five-Year Plan" has identified "the cultural industry as a pillar industry of the national economy" as an important goal of building a moderately prosperous society in all respects, and the film industry is a well-deserved locomotive and vanguard among them. At present, the Cultural Industry Promotion Law is in the process of drafting and formulating. As a special law, this law has basically the same rules and nature as the former. Its introduction in advance can give full play to its benchmark and demonstration role. The basic systems, basic principles and legislative experience established can all provide important reference and useful reference for cultural industry legislation.

Help protect and prosper film creation for industrial development

and promote film innovation. Film creation is the source and central link of the film industry. This law clearly states at the beginning and establishes the guiding ideology and creative principles for film activities. The requirements for the "Two Purposes" direction,"Two Benefits Unification","Double Hundred" policy,"Three Closeness","Three Natures Unification" and "Three Natures Unification" have been clarified, and for the first time,"Adhere to the people-centered creative orientation" has been written into the law, providing a legal basis for film workers to implement the spirit of General Secretary Xi's important speech at the symposium on literary and artistic work.

This Law emphasizes respecting and protecting the freedom of film creation, advocates "both morality and art", protects film intellectual property rights, safeguards the legitimate rights and interests of film practitioners, encourages film artistic innovation and technological innovation, advocates film review and business exchanges, and implements film talent support plans to actively create an institutional environment that stimulates creative enthusiasm and improves film quality.

Integrate preferential policies and increase support. In the more than ten years of film industrialization reform, we have formed a series of important experiences and practices that are effective in promoting industrial development. This time, we have refined and integrated them at the legal level. First, governments at all levels incorporate the development of the film industry into their national economic and social development plans, and the state formulates film and related industry policies; second, the state supports the creation and production of various excellent domestic films, and local governments provide necessary facilities for film creation and production. Convenience and assistance; third, preferential measures are taken to the film industry in terms of finance, taxation, land, finance, and foreign exchange use; The fourth is to actively support the development of film technology research and development, public welfare screening, talent training, overseas promotion and other undertakings.

Standardize the film market and maintain industry order. Prosperous industries are inseparable from a standardized market. This law clearly advocates that "the state guides the formation of a unified, open and fair competition film market." For various illegal activities that disrupt market order, this Law stipulates comprehensive and well-defined legal responsibilities, including administrative penalties, administrative coercion, and employment prohibitions, providing sufficient legal basis for investigating and punishing false transactions, falsely reporting and concealing sales revenue.

In order to be consistent with relevant legal provisions, this Law provides guiding provisions on civil liability, criminal liability, administrative liability for violations of other administrative regulations, and disciplinary liability. In addition, this law also stipulates the film industry organization to carry out industry self-discipline management.

Establishing clear rules for administrative management

The operation of the film industry is inseparable from administrative management. Promoting industrial development requires the government to play a better role. Competent departments must implement actions within the framework of the rule of law. This is the fundamental requirement for comprehensively deepening reforms and comprehensively governing the country according to law in the film field.

This legislation incorporates all the key achievements of administrative approval reforms in recent years, fully releasing market vitality and in line with the requirements of the current era and social development. The first is to encourage enterprises and other organizations to engage in film production activities, and cancel the approval for the establishment of film production units and the "Film Production License" and "Film Production License (Single Piece)"; the second is to simplify the film script review system and cancel the review of general themes. For screenplays, only the outline of the film script is required to be filed; the third is to reduce the entry threshold for relevant film activities and decentralize the review of film films and the approval of some foreign-related film festivals (exhibitions).

In terms of combining decentralization and regulation, this law focuses on establishing a scientific, open and fair administrative management system. Taking the most high-profile film censorship as an example, this Law stipulates that the film authorities of the State Council should formulate and improve specific standards and procedures for film censorship and announce them to the public; the specific standards for formulating and improving film censorship should be publicly solicited from the public and experts should be organized to conduct demonstrations; film censorship adopts an expert system, and specific methods for expert selection and review shall be formulated by the film authorities of the State Council. The above provisions help all localities maintain consistency in the standards and scales of review and management. This Law provides for retrial provisions in cases of disputes.

In terms of the management of film distribution, screening and other activities, this Law focuses on strengthening supervision during and after the event. In terms of administrative power constraints, this law not only clarifies supervisory responsibilities, but also formulates disciplinary measures for violations committed by government departments and staff themselves. In addition, this law actively responds to the concerns of society and the industry, innovates management methods, and establishes a social supervision and credit file association mechanism for illegal activities.

Accelerating the construction of a film power

Under the dual effects of economic globalization and the Internet, China films, which have experienced ups and downs, are facing the most complex and "most critical" development period in a century. Opportunities are unprecedented and challenges are emerging one after another. Especially since the beginning of this year, box office growth has slowed down, and doubts about the "inflection point theory" are endless. The timely promulgation of laws can encourage China filmmakers to build consensus, inspire spirit, and strive to open up new realms and new horizons for China films. However, prosperity will not fall from the sky, and difficulties will not disappear automatically. The key to legal provisions moving from "paper" to "ground" lies in implementation, which requires hard work.

At present and in the future, film authorities at all levels are vigorously studying, publicizing and implementing the Film Industry Promotion Law, especially to do a good job in "establishing, amending and abolishing" the "Film Management Regulations" and related rules and normative documents. All parties must form a joint effort to jointly create a strong atmosphere of the rule of law in film, ensure that all promotion measures in the law can be effectively implemented, that qualified film industry entities and personnel can equally enjoy support policies, and that any illegal activities must bear due legal responsibility.

Creating excellent films is the primary goal of film work and the core task of promoting industrial development. The film authorities have designated 2017 as the "Year of Creative Quality Promotion" and are determined to integrate various resources in accordance with the law, continue to deepen the supply-side reform of the film industry, and promote "China's new power of film" under the guidance of the "Selection Plan for 100 Key Theme Films". It has flourished in a scientific and healthy manner, climbing bravely from "plateau" to "peak", striving to create a multi-variety, multi-type and diversified work structure to further improve audience satisfaction of domestic films.

Success in legislation will not be done once and for all, industrial promotion will not be achieved overnight, legal provisions cannot include all reality, and it is impossible to accurately predict the future. However, the spirit of the rule of law, legal thinking, and legal principles should become the basic guidelines for solving all problems in development. "There will be a time when the wind and waves break the wind, and we will sail straight across the sea." The 111-year-old China film has officially entered the "era of the rule of law." I believe that under the protection of the Film Industry Promotion Law, the historic transformation from a major film country to a major film country will surely be realized as soon as possible.

Editor: yvette