Construction of the legal discipline system facing the cultural field of the new era
May 17, 2023 09:25 Source: "China Social Sciences" May 17, 2023 Issue 2651 Author: Huang Xufeng

May 17, 2016,The important speech of General Secretary Xi Jinping at the symposium of philosophy and social sciences,It proposed to accelerate the construction of a subject system for the social sciences of Chinese characteristics、Academic System、Strategic task of discourse system。The construction of the subject system is an important part of the construction of the "three major systems"。The General Office of the Central Committee of the Communist Party of China、The Opinions on Strengthening Law Education and Law theoretical Studies issued by the General Office of the State Council proposed "Optimization of Law Discipline System",Among them, the construction of the legal discipline system in the cultural field。Law theory in this field is yet to be mature,But at least four subdivision disciplines are currently formed: Art Law、Cultural Law、Entertainment Law、Entertainment Law。

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In legal research in the cultural field of my country,The earliest start of art law。Art Law aims to study laws in the field of art creation、Applicable in the art market。In the field of art creation,Taking the artist as the research object,Discuss the freedom and restrictions of art creation、The rights owned by the artist based on creative works; in terms of art market,Discuss the first -level market (gallery and exhibition)、Secondary market (auction)、Legal specifications and practice involved in international art transactions。Some scholars have proposed: "The art law is a special legal department based on the specific part of art works and cultural heritage as a special bet365 Play online games legal department for protecting objects,It is the sum of interest subjects and their rights and obligations with the general restraint between the main body of interest between specific art works and specific cultural heritage。”

With the arrival of the era of digitalization and art authorization,The field of artistic adjustment is also constantly breaking through。The special part of the artwork is,The ownership of the original artwork and the copyright attached to it are very valuable,The ownership transaction of the original artwork constitutes the art market,Digital technology has brought many new problems to this market; for the copyright development that is attached to it, it constitutes the art derivative industry。At the same time,The long -established artwork and the blend of cultural and artistic heritage resources in the public domain,These particularity make the research of art law unique。

  Cultural Law

Systematic construction of cultural law is independent from the concept of cultural administrative management law,The steering of traditional administrative thinking requires。Some scholars proposed,"Cultural Law is an important part of the legal system,It and administrative law、Economic Law and other legal departments are related to each other and their own system,and the same as the laws in other fields as the cornerstone,Based on the cultural policy and cultural rights established by the Constitution,It is a regulatory cultural behavior formulated by the country and localities、A standard system of adjusting cultural relations and guaranteeing cultural rights "。The systemicization of cultural law,Another scholar proposed,Cultural Law system is "Cultural Rights Protection Law、Cultural Heritage Protection Law、Public Cultural Service Bet365 lotto review Law、Four parts of the Cultural Industry Related Law "。

Article 47 of the Constitution in my country clearly stipulates: "Citizens of the People's Republic of China have conducted scientific research、Freedom of literary and artistic creation and other cultural activities。"The vitality of the law lies in implementation,Cultural rights given to Chinese citizens to the Constitution,How to guarantee the implementation of the country? Article 22 of the Constitution stipulates: "National Development of the State for the People's Service、Literary and artistic undertakings serving socialism、News radio and television business、Publishing and issuance business、Library Museum Cultural Museum and other cultural undertakings,Cultivating cultural activities for the masses。National Protection of Opinions、precious cultural relics and other important historical and cultural heritage。"" Constitution as the criterion,"National Protection Cultural Rights、Summary of all legal norms of cultural phenomena "is the research content,Cultural Law is presented by prototype。Cultural Law based on protecting cultural rights as a logical starting point,Determination of government responsibilities is the main line。Whether it is management or governance,Is it service or promotion,All start from the perspective of the government,The rule of law in the field of public management,"Cultural Relics Protection Law", "Intangible Cultural Heritage Law", "Public Cultural Services Guarantee Law", "Public Library Law" and "Film Industry Promotion Law" are all public law。From this point,Narrow cultural law can also be attributed to the rank of cultural administrative law。

  Entertainment Law

Communication is the transmission of content。bet365 Play online games Contents from creators to audience,In the middle, the operation is mainly through the two levels of "system" and "broadcast",The adjustment object of the communication method is at the level of "broadcasting",This is the feature of the communication method。Content communication is realized through the media,Communication is connected to the media,So,Communication method is also known as media method。Communication laws with the guarantee and restrictions of freedom of speech、The control of the power of power to the mass communication medium and the relevant rights of the communicator are research objects。Research on Chinese Communication Law roughly emerged in the end of the 20th century。Domestic scholars' works in the field of communication are quite abundant,Involved in citizen political rights、News Communication、Popular communication and other levels of law applications。

Article 35 of the Constitution in my country clearly stipulates: "Citizens of the People's Republic of China have speech、Publication、rally、Joint Society、Parade、Freedom of demonstration。"at the same time,Article 51 of the Constitution stipulates: "When the citizens of the People's Republic of China exercise freedom and rights,It must not damage the country、Society、Collective interests and legal freedom and rights of other citizens。"The Law of the Communication is based on the freedom and restrictions of citizens' right to express the right to build a legal system。In the spread of news and information advertisements,It is bound to conflict with the interests of the public domain,Forms media legal regulations; conflicts with interests in the private sector,Involved in citizens、The violation of the personality right or copyright of the legal person; the network space is the extension of the traditional space bet365 live casino games on the network,New phenomenon brings new problems shock waves,With the "Civil Code", "Network Security Law" and the implementation of the newly revised "Copyright Law",Research on the spread of network space presents new dynamics and new trends。

  Entertainment Law

Entertainment Law researchers come from academia and industry。Now,The entertainment business is generally carried out,The study of the entertainment method in the academic community is also prosperous,Thesis、writing、Practical Guide、Case tutorials and case evaluation results emerged,Content involved an entertainer agent、Financing model and compliance law、multinational trade、Legal risk of difficulties in film and television production and distribution、Copyright、Trademark right、Studies in legal rights such as personality rights,Covering the film industry、TV industry、Music Industry、concerts and variety shows and gaming industry。

As the name suggests,Entertainment method Based on the specific problems and business practice of the entertainment industry,It is a collection of relevant legal systems closely related to the entertainment industry,This is inseparable from the demand for the developed entertainment industry in the United States in the United States。But in China,Entertainment method needs to complete the transformation of Sinicization,Think about how to better adapt to Chinese context,How to respond to the new era requirements of the development of cultural undertakings and cultural industries。

  Make up the legal shortcomings of the cultural field

Law research in the cultural field has its own focus,But related。Art Law involves the property rights of artworks,and spread the law、Cultural Law and entertainment law only pay attention to intangible content; communication law research bet365 live casino games uses the constitution's freedom and restrictions on the right of citizens as the original point for discussion,and art law、Research on Entertainment Law and Cultural Law is based on the Constitution's cultural rights and restrictions on citizens; cultural and legal composition of cultural law studies,and art law、The legal and private hybrid type of the law of communication and entertainment legal research is a public and private hybrid; the entertainment law of entertainment law is based on the cultural and entertainment industry、Wealth、Industry Law built with the particularity of things,This is a bit coincided with art law,But different from communication law and cultural law。At the same time,The art market and art derivative industry is a branch of the cultural and entertainment industry,Commonly constitutes the cultural industry of China,This is the association of art law and entertainment law; entertainment industry needs cultural blessing,This is the connection of entertainment law and cultural law; to revitalize rich cultural heritage resources requires the power of the government and enterprises,This is art law、Related to Cultural Law and Entertainment Law; Content products and services whether they follow the cultural business line or the cultural industry line,All need to be promoted。In short,Each law of law in the field of cultural fields is rooted in culture,Make them have a common spiritual attribute、Value pursuit and mission。Legal construction in the field of cultural fields has always been a short board in the process of rule of law in China,Unexpected need to make up for a short board、Strong and weak items,Culture at the bottom,Promoting the existing branch disciplines from their respective clusters to the construction bet365 live casino games of a cultural and legal discipline system for the new era。

 (The author is a professor at the School of Communication of East China University of Political Science and Law)

Editor in charge: Chen Jing
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