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Further deepen the comprehensive law enforcement reform of the cultural market, the state issued implementation opinions

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Since 2004, in accordance with the decisions and arrangements of the Party Central Committee and the State Council, the comprehensive law enforcement reform in the cultural market has been gradually pushed out from a pilot project to the whole country. All municipalities and cities and counties have basically completed the integration of relevant administrative law enforcement forces in cultural market fields such as culture (cultural relics), press, publication, radio and television (copyright), and the establishment of comprehensive law enforcement agencies in the cultural market have improved law enforcement efficiency, standardized market order, and promoted the production and dissemination of excellent cultural products. Promotes social and economic benefits organically...

​ recently, the General Office of the CPC Central Committee and the General Office of the State Council issued the "opinions on further deepening the Comprehensive Law Enforcement Reform in the Cultural Market," and issued a circular requiring all localities and departments to conscientiously implement them in the light of actual conditions.

recently, the General Office of the CPC Central Committee and the General Office of the State Council issued the "opinions on further deepening the Reform of Comprehensive Law Enforcement in the Cultural Market," and issued a circular requiring all localities and departments to conscientiously implement them in the light of actual conditions.

opinions on further deepening the Comprehensive Law Enforcement Reform of the Cultural Market is as follows.

in order to implement the decisions of the CPC Central Committee on several Major issues of comprehensively promoting the Rule of Law and the opinions of the State Council on promoting Fair Competition and maintaining normal Market order, to further deepen the comprehensive law enforcement reform of the cultural market, and to promote the sustained and healthy development of the cultural market, I would like to put forward the following suggestions.

1. Significance

at present, the development and management of the cultural market are faced with many new situations and new requirements. With the in-depth expansion of the reform of the cultural system, the continuous improvement of the level of cultural opening, the rapid development of all kinds of cultural market subjects and the emergence of a large number of new cultural forms, there is an urgent need to innovate the cultural market management system and mechanism and enrich the ways and means. With the gradual deepening of the reform of the administrative law enforcement system and the market access system, there is an urgent need for simultaneous follow-up and effective convergence of the comprehensive law enforcement reform in the cultural market. There are some outstanding problems in the cultural market, such as the proliferation of undesirable cultural products and services, the continuous emergence of harmful cultural information, the repeated prohibition of acts such as harming the cultural rights and interests of minors and infringing intellectual property rights, and the strong reaction of the broad masses of the people. there is an urgent need to further improve the comprehensive law enforcement ability and level of the cultural market. Cultural products have both economic and ideological attributes, so we must persist in putting social benefits in the first place and unifying social and economic benefits. We should attach great importance to the management of the cultural market, further improve the comprehensive law enforcement of the cultural market, promote the construction of a modern cultural market system, better safeguard national cultural security and ideological security, and better promote the prosperity and development of cultural undertakings and cultural industries.

II. Overall requirements

(1) guiding ideology

(2) overall goal

through deepening reform, build a supporting system of laws and regulations for comprehensive law enforcement of the cultural market; form a comprehensive law enforcement management system of the cultural market with clear powers and responsibilities, effective supervision and strong protection; build a comprehensive law enforcement team of the cultural market with political firmness, code of conduct, professional proficiency and excellent work style. We will further integrate the law enforcement power of the cultural market and speed up the realization of comprehensive law enforcement across departments and industries.

(3) basic principles

-- uphold the leadership of the Party. Adhere to the direction of advanced socialist culture, carry forward socialist core values, strengthen the construction of ideological and cultural positions through effective comprehensive law enforcement of cultural markets, transmit correct value orientation to society, and safeguard national cultural security.

-adhere to administration according to law. Adhere to the legal duties must be, the law can not do without authorization, strictly standardize fair and civilized law enforcement. Strengthen the supervision of law enforcement, improve the responsibility system of law enforcement, and enhance the credibility of law enforcement.

-adhere to classified guidance. According to the responsibilities of different levels of comprehensive law enforcement agencies, determine work tasks and law enforcement priorities; scientifically set up comprehensive law enforcement agencies in view of economic and cultural differences in different regions; and adopt effective ways to strengthen supervision according to the characteristics of different law enforcement matters.

-insist on the consistency of powers and responsibilities. To implement the law-abiding business responsibility of market subjects, the law enforcement responsibility of comprehensive law enforcement agencies, the supervision responsibility of administrative departments, and the leadership responsibility of local governments. Clarify the relationship between comprehensive law enforcement agencies and administrative departments, reduce the intersection of responsibilities, and form a joint force of supervision.

III. Key tasks

(1) defining the scope of application of comprehensive law enforcement

the functions of the comprehensive law enforcement agencies of the cultural market mainly include: investigating and dealing with illegal acts in places of entertainment and Internet service business in accordance with the law, and investigating and dealing with illegal acts in performances, art management, import and export, cultural relics management and other activities. Investigate and deal with illegal acts in cultural and art management, exhibition and broadcasting activities To investigate and deal with illegal acts of enterprises, individuals and social organizations other than production, broadcasting and transmission institutions engaged in radio, film and television activities, and film projection units, to investigate and deal with illegal acts in the installation and installation of satellite television broadcasting ground reception facilities and the transmission of overseas satellite television programs, and to investigate and deal with illegal activities such as showing films without the "Film Public projection license" and smuggling and showing pirated films. Investigate and deal with illegal publishing activities in books, audio-visual products and electronic publications and illegal business activities in printing, reproduction and publication distribution, investigate and deal with illegal publishing activities of illegal publishing units and individuals, investigate and deal with copyright infringement; investigate and deal with illegal business activities in network culture, network audio-visual, network publishing, etc.; cooperate in investigating and dealing with illegal activities in the production, sale and use of "pseudo base station" equipment To undertake the relevant tasks of "combating pornography and illegal activities"; to perform laws, regulations and other duties entrusted by the local government in accordance with the law.

(2) strengthen the building of comprehensive law enforcement teams

strictly implement the system of law enforcement personnel taking up posts with certificates and qualifications, and shall not grant law enforcement qualifications or engage in law enforcement activities without passing the law enforcement qualification examination. We will explore the establishment of a qualification grade examination system for law enforcement personnel. We will improve the training mechanism for law enforcement personnel, implement an assessment outline for professional skills training and a plan to enhance law enforcement capability in the central and western regions, and regularly organize on-the-job training and skills competitions. We will fully implement the comprehensive law enforcement responsibility system, strictly determine the law enforcement responsibilities of law enforcement personnel in different positions, establish and improve the accountability mechanism, and strengthen the supervision of law enforcement in the cultural market by implementing inner-party supervision, administrative supervision, social supervision, and public opinion supervision. We will implement comprehensive standards and norms for law enforcement, strengthen the management of team appearance and discipline, and strictly enforce the discipline of a clean government. Use unified law enforcement marks, law enforcement certificates and law enforcement documents, and be equipped with comprehensive law enforcement vehicles in accordance with the regulations.

(3) improve the mechanism of comprehensive law enforcement system

establish a comprehensive law enforcement power list system and administrative discretion benchmark system in the cultural market, and improve various work processes such as report handling, cross-inspection, random inspection, case supervision, emergency disposal, and so on. We will strictly implement the system of separation of penalty and payment and the two-line system of revenue and expenditure, and it is strictly forbidden to link the income from fines and forfeiture directly or in disguised form to the interests of comprehensive law enforcement agencies. We will establish a cross-departmental and cross-regional law enforcement cooperation mechanism in the cultural market, and improve the system of clue notification, case cooperation and joint law enforcement between superiors and subordinates, departments and regions. We will establish a connecting mechanism between administrative law enforcement and criminal justice in the cultural market, and resolutely prevent cases from being moved, difficult to move, and substituting punishment for punishment. We will promote the disclosure of government information, disclose to the public the information on the subject of law enforcement cases, the cause of the case, the basis of punishment and the result of punishment, and improve the transparency and credibility of law enforcement.

(4) promote the information construction of comprehensive law enforcement

accelerate the construction and application of the national cultural market technical supervision and service platform, strengthen the convergence and sharing of information systems with relevant administrative departments, promote the online processing of administrative licensing and administrative law enforcement, and achieve interconnection. Strengthen off-site supervision and law enforcement through remote supervision measures such as video surveillance and online monitoring. The use of mobile law enforcement, electronic case files and other means to improve the effectiveness of comprehensive law enforcement. We will promote the deep integration of information construction and supervision and management of law enforcement cases, use information technology to carry out real-time monitoring and online supervision of law enforcement processes, standardize law enforcement behavior, strengthen internal and external supervision, and establish an open, transparent and convenient law enforcement mechanism. We will build a risk assessment system for key areas of the cultural market, form an information chain with traceable sources and traceable directions, and effectively guard against regional, industrial and systemic risks.

(5) improve the credit system of the cultural market

build the basic database of the cultural market, improve the credit information records of market subjects, explore the implementation of classified supervision of credit in the cultural market, and establish a mechanism for encouraging and punishing people who break their promises. We will establish and improve the system of warning lists and blacklists in the cultural market, and disclose the records of business units and individuals engaged in illegal and illegal operations and repeated investigations and violations in accordance with the law, so that violators who break promises and regulations will be subject to restrictions and restrictions in market transactions. Implement the main responsibility of law-abiding operation of market subjects, and guide them to strengthen prevention, supervision and handling work afterwards. Promote trade associations, chambers of commerce and other social organizations to establish and improve industry management self-discipline standards, self-discipline conventions and professional ethics standards, and guide the healthy development of the industry.

(VI) establish and improve the operating mechanism of comprehensive law enforcement

IV. Organizational leadership

(1) strengthening organizational implementation

the central leading group for the reform and development of the cultural system uniformly leads the work of deepening the comprehensive law enforcement reform of the cultural market throughout the country, and the office of the leading group is responsible for organizing supervision and inspection of the progress of the reform. The Central propaganda Department, the Central Internet Information Office, the Ministry of Culture, and the State Administration of Press, publication, Radio, Film and Television shall coordinate the reform in accordance with the requirements of these opinions, and the law enforcement work involving Internet information content shall be coordinated by the Central Internet Information Office as a whole. The party committees and governments of all provinces (autonomous regions and municipalities directly under the Central Government) should attach great importance to it, put the deepening of comprehensive law enforcement reform in the cultural market on the agenda, and ensure that all reform measures are put in place.

(2) improve the comprehensive law enforcement management system of the cultural market

establish a national joint conference system for the management of the cultural market led by the cultural administrative department of the State Council, give full play to the functions and resource advantages of various departments, and strengthen overall planning, coordination and guidance. Enrich and improve the leading groups for the management of cultural markets at the provincial, municipal and county levels, uniformly lead the management and comprehensive law enforcement of cultural markets in their respective administrative regions, and promote comprehensive law enforcement in the field of culture across departments and industries; the leading group is headed by the head of the propaganda Department of the Party Committee at the same level, and the relevant responsible comrades of the government at the same level are appointed as deputy leaders.

the cultural administrative department of the State Council is responsible for guiding the comprehensive law enforcement of the national cultural market, promoting the departments of culture (cultural relics), press, publication, radio and television (copyright) of the municipalities directly under the Central Government and at the municipal and county levels to integrate the law enforcement functions in the field of cultural market, establishing unified and standardized comprehensive law enforcement rules, building a national cultural market technical supervision system, and promoting the building of comprehensive law enforcement teams. Coordinate with all relevant administrative departments to evaluate the performance of comprehensive law enforcement work.

the cultural administrative departments of provinces (autonomous regions) are responsible for guiding the comprehensive law enforcement of cultural markets in their respective regions, coordinating the building of comprehensive law enforcement teams, and performing the duties of law enforcement guidance and supervision, cross-regional law enforcement cooperation, and investigation and handling of major cases in accordance with the law.

(3) clearly define the establishment, establishment, personnel and funds of the organization

all localities should explore the effective forms of the establishment of comprehensive law enforcement agencies in the cultural market in accordance with the relevant spirit of the central authorities on deepening the reform of the administrative law enforcement system and combined with local realities. The comprehensive law enforcement agencies of the cultural market of the municipality directly under the Central Government can explore the direct management of the comprehensive law enforcement of the cultural market of the district and county, integrate the law enforcement resources, and improve the law enforcement ability. Vice-provincial cities and provincial municipalities can integrate the two-level comprehensive law enforcement teams of urban cultural markets and set up comprehensive law enforcement agencies of municipal cultural markets. The comprehensive law enforcement agencies of cultural markets in county-level cities and counties should strengthen team building and earnestly fulfill their regulatory responsibilities. For villages and towns with developed economy and high level of urbanization, the county-level city and county administrative departments of culture, radio, television, press and publication may, according to their needs and conditions, entrust township governments to exercise part of the law enforcement power of the cultural market through legal procedures.

the appointment and removal of cadres in the comprehensive law enforcement agencies of the cultural market shall be handled with reference to the regulations on the management of cadres in propaganda and cultural units. Comprehensive law enforcement personnel shall be managed with reference to the Civil Service Law in accordance with the law. Within the scope of provinces (autonomous regions and municipalities directly under the Central Government), the names of comprehensive law enforcement agencies should be unified and standardized, and the establishment arrangements of comprehensive law enforcement agencies should be considered as a whole in the light of the geographical scope and law enforcement tasks of their respective areas. The work funds and capacity-building funds of the comprehensive law enforcement agencies are included in the budget of the government at the same level.

(4) perfecting the assessment mechanism

the comprehensive law enforcement work of the cultural market should be incorporated into the evaluation system of the effectiveness of the comprehensive management of public security, and promote party committees and governments at all levels to perform their duties. We will improve the performance evaluation system for comprehensive law enforcement in the cultural market, and strengthen the supervision and evaluation of administration according to law, market supervision, and the effectiveness of social services. Give full play to the role of the "12318" cultural market reporting phone and network platform, and smooth the feedback channels of public opinions. Establish a third-party evaluation mechanism and mass evaluation feedback mechanism for comprehensive law enforcement in the cultural market, formulate indicators of public satisfaction, and enhance the objectivity and scientific nature of comprehensive law enforcement evaluation.

(V) promote relevant legislation

Edit: Tsai

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