Situation and Policy Solving A brief analysis of the problems existing in the development of my country's cultural undertakings and cultural industries and solutions

Research on the existing problems and development strategies of my country’s cultural market

[Essay Call] Research on the existing problems and development strategies of my country’s cultural market

Nan’an City, Fujian Province Hong Selu, Huamei Village, Penghua Town

The cultural market is a place where cultural products and cultural service activities are exchanged in the form of commodities and the sum of their exchange relationships. Since the mid-1980s, my country's cultural market has quietly emerged, and cultural sub-markets have rushed to develop. First, the cultural entertainment market entered people's lives in various forms of entertainment; then, the production, distribution and screening of movies also began Paying attention to market operations; subsequently, drama, opera, music, and dance performances also took up the baton of the market, and various commercial performances emerged in endlessly across the country; what is particularly dizzying is the overwhelming spread of audio-visual products and commercial art, etc. Etc., each cultural sub-market shows its own style to the Chinese people in its own unique way. Entering the new century, the construction of my country's cultural market has entered a new stage. From the state to the local level, the construction of cultural market has been incorporated into normal social and economic life and given great importance. This article intends to discuss the characteristics, existing problems and development strategies of my country's cultural market.

1. Basic characteristics of the development of my country’s cultural market

Since the reform and opening up, the cultural market has risen and developed rapidly, becoming a striking cultural economy. Its formation and development have promoted the prosperity of various cultural undertakings, mobilized the enthusiasm of the whole society in establishing cultural undertakings, attracted more and more investors, operators, and competitors to join it, and opened up new opportunities for the development of cultural undertakings. way. Especially after emerging cultural and entertainment activities enter the market, they have changed the monotonous, poor, and backward lifestyle in the past, providing favorable conditions for the formation of a healthy, scientific, and cultural modern lifestyle, and satisfying the cultural needs of the people. Promoted the development of the construction of two civilizations. At present, the cultural market presents the following basic characteristics.

(1) The cultural market’s business and investment entities are developing in a diversified manner

Market competition requires multiple stakeholders and multiple business and investment entities. The construction and development of the cultural market is directly related to the improvement of the people's spiritual and cultural life. In order to promote the construction of the cultural market, the country has made a series of adjustments in cultural economic policies, cultural market management and other aspects. Under the guidance of relevant national policies, investment entities in the cultural market have become increasingly diversified. For example, the diversification of investment entities in film production in the film market includes investment from major film studios owned by the whole people, investment from local independent producers, Sino-foreign cooperative investment, etc.; investment in the reconstruction and expansion of cinemas is also made by The original self-investment becomes social joint investment or foreign investment (but cannot exceed 49%), etc.; investment in the wholesale and retail industry of audio and video products can also be participated by multiple parties, including locals, foreigners, sole proprietorships, and joint ventures; commercial performances The elimination of ownership qualification restrictions in activities also means the trend of diversification of investment entities in the performance market, etc. Taking Guangdong as an example, the formation of the cultural market broke the original exclusive investment model by the government, and a new pattern of multi-party investment by the government, enterprises, private individuals, and foreign investors emerged. For example, the rental industry of audio and video products is almost all self-employed; the book sales market has been formed Led by the "Xinhua" system, other social funds (including other state-owned funds, private funds, etc.) are involved in the diversified and multi-level competition. All these indicate to us that various economic components such as the state, collectives, and individuals have coexisted, and the cultural market has the characteristics of diversified development of investment channels.

(2) The cultural market is fully classified

my country’s cultural market has developed vigorously. From the early 1980s to the late 1990s, it has successively formed the cultural entertainment market, performance market, books and newspapers There are nine major sub-markets, including the market, film and television audio-visual market, cultural exchange brokerage market, cultural operation service market, cultural tourism market, cultural relics and arts and crafts market, and cultural education market. These nine sub-markets basically include all the cultural products and cultural services that enter the market exchange in my country, and penetrate into all aspects of social and cultural life. This structural framework still exists in today's cultural market, and new members have been added, making its structural diversity more obvious. For example, in addition to the nine sub-markets mentioned earlier, an Internet culture market has emerged that attracts the attention of Chinese people.

Internet culture has injected new vitality into the cultural market in a rapid way, and it has attracted a large number of young friends with its unique charm. In addition, the etiquette culture market and the flower culture market, which were originally relatively weak, have also suddenly emerged, which is impressive. With the development of our country's economy, the living standards of Chinese people are improving day by day, and people are paying more and more attention to weddings and funerals. At the same time, various celebration activities in economic life are becoming more and more frequent. These social needs have nourished major etiquette culture companies, resulting in etiquette companies located all over the country doing booming business. Correspondingly, various large and medium-sized flower markets and various flower shops have sprung up in front of people's eyes. Flowers have become indispensable new friends in people's lives. It can be seen that the structure of the cultural market is developing towards a diversified trend, with a complete range of categories.

(3) The scientific and technological content of cultural products is getting higher and higher, and the technological trend of the cultural market is becoming increasingly obvious

Nowadays, cultural products are not only in terms of production and production, but also in sales. There is a trend of technologicalization in both the logistics and circulation aspects, and the technological content is getting higher and higher. For example, the filming and production of movies and TV series pay attention to the adoption of high-tech techniques and techniques, especially the shooting of some difficult shots and scenes. Most of them use computer synthesis or computer production, and the effects are difficult to achieve by relying on actors' performances alone. . The publication of electronic books, especially the Internet cultural products that have suddenly emerged in the cultural and entertainment market, is a product of high technology. As soon as consumers open the web page, they will get relevant information and materials from various places and industries in the shortest time and at the fastest speed, including economy, politics, culture and art, etc. People are relaxed and happy. In addition, the sales and circulation of cultural products have also shown a technological trend. For example, traditional film distribution is achieved through the mobile delivery of film. This method not only has high sales costs, but is also prone to piracy. The digital cinema chain system based on high technology can avoid this problem. It obtains the content of the film through the Internet digitally, thereby directly showing it in the cinema. This cinema chain system not only makes distribution and screening fast and convenient, but also makes pirates seamlessly exploitable, which not only reduces circulation costs, but also protects intellectual property rights, thus promoting the healthy operation of the film market. It can be said that after nearly 20 years of growth and development, my country's cultural market has made huge leaps in both quantity and quality. In particular, the penetration of high technology has increasingly entered people's life horizons. The technology of the cultural market has The trend of transformation is becoming increasingly obvious.

2. The bottleneck "legal issues" that restricts the development of my country's cultural market

A fair competitive market is the basic pillar of the cultural industry system. The cultural market is the product of economic development and social progress, but it is also a weak link in the market system being established. There are indeed many problems in the current cultural market, but the problem does not lie in the market itself, but in the lack of standardized management. The fundamental reasons why illegal business activities in the cultural market are repeatedly banned are "no law to follow" and "no law to follow". To truly insulate, management methods can only be legalized and a practical legal system established. With China's accession to the WTO, it is even more urgent to strengthen the construction of laws and regulations to overcome the weak links in the management of the cultural market. In general, the following problems generally exist in the current legal construction of the cultural market.

(1) The legal system of the cultural market is not perfect, and cultural legislation needs to be strengthened urgently.

The management regulations of the cultural market are not yet perfect, mainly in several aspects. First, some projects do not yet have regulatory documents to regulate them. In recent years, the concept of cultural market has developed rapidly, new projects continue to appear, and the extension of the concept of cultural market is rapidly expanding. For example, in 1996, the Ministry of Culture issued a notice on strengthening the management of emerging cultural and entertainment projects, requiring new entertainment projects such as shooting, fishing, and computer games to be included in the management of the cultural and entertainment market. However, no formal regulations on these projects have been issued so far. sex documents. There are currently no formal regulations to regulate the management of cultural brokers, which have an important impact on the prosperous cultural market. In addition, some projects have cross-management problems, etc. All these make management difficult. Second, there is a lack of strong and reasonable regulatory provisions, and there is a large gap between the existing regulatory provisions and WTO rules. Third, it is difficult to grasp the policy boundaries. Some regulatory documents are only some principled policy provisions. Because their content is not specific enough, the scale of law enforcement control is inaccurate and the operability is not strong.

Take gaming machines and amusement machines in the entertainment market as an example. The current regulations are not clear about the essential difference between the two. This not only brings greater difficulty to operating units, but also provides opportunities for lawless elements with ulterior motives to circumvent the law. opportunity.

(2) Law enforcement is chaotic, and there are divisions and divisions in management.

The current cultural market generally suffers from problems with the management system, which leads to the market failure. law enforcement chaos. For example, the entertainment market, book market, audio and video market, performance market, etc. are managed separately by several government departments, artificially dividing the unified market, resulting in multiple branches of government, mutual constraints, and hindering the intensity of government law enforcement and the implementation of management functions. .

(3) The phenomenon of non-compliance with the law and lax enforcement of laws is relatively serious

Although the legal construction of cultural market management lags behind other legal constructions, the central and local governments have still formulated many regulations , the current problem is that there is a prominent phenomenon of failure to comply with the law and lax enforcement of laws. For example, the central government and various provinces and cities have issued repeated orders to prohibit the illegal production and distribution of audio and video products. However, most of the illegal books, periodicals, and audio and video products that flood the cultural market are issued by national publishing houses and regional periodicals. The reasons are as follows: First, they know the law and break the law. Driven by certain interests, the supervisors and law enforcement officers knowingly break the law; second, power is substituted for the law. The cultural activities of some local units bypass the cultural management department and report to the relevant higher-level departments, and the department has already Without approval from the central department and without respecting the local cultural departments, there are still a lot of cases where power is greater than the law. Third, the quality of the law enforcement personnel themselves is not high, they are selfish, and they are afraid of offending others, making enemies, and being attacked. Retaliation, therefore law enforcement cannot be strictly enforced; fourth, a very small number of law enforcement officers and managers are corrupt and bend the law, cannot withstand the temptation of money, are limited by favors, and ignore laws and regulations, resulting in chaotic management of the cultural market.

3. Several Suggestions on Strengthening the Legal Construction of the Cultural Market

Rectifying and standardizing the order of the cultural market is an intrinsic requirement for practicing the important thought of "Three Represents" and striving to develop China's advanced culture. , is the need to develop the socialist market economy and meet the challenges of joining the WTO. It is also the need to purify the social environment and ensure the healthy growth of young people. To this end, we must start from strengthening the legal construction of the cultural market, strive to curb illegal business activities from the source, establish sound market rules, standardize market behavior, and form a relatively standardized cultural market.

(1) The government should implement unified norms and macro-management of the entire cultural market, speed up the legislative pace of the cultural market, gradually improve cultural regulations, and ensure that there are laws to follow. Accelerating cultural legislation is the implementation of the legal system of the cultural market. As the basis for cultural management, we must make great efforts to speed up the pace of cultural legislation.

Government administrative departments should improve the management regulations of various cultural markets and gradually improve legislation and law enforcement. Due to the particularity of the cultural market (many categories, wide coverage, strong variability, etc.), it is unrealistic to expect that all business projects in the cultural market will be included in one regulation. We must attach great importance to the formulation of implementation details and normative documents. Project management in various emerging cultural and entertainment markets can start with the formulation of normative documents, and gradually accumulate experience after implementation, and then upgrade to the regulatory level. In particular, a comprehensive inspection of the original laws and regulations must be carried out. Those that conflict with WTO rules must be seriously revised or re-enacted, and some must even be abolished. It is necessary to bring the management of the cultural market into the legal track and establish it on a reliable legal basis.

(2) It is necessary to strengthen the construction of law enforcement teams and law enforcement agencies, strengthen the concept of legal system, strictly act in accordance with the law, and ensure that "laws must be followed", "enforcement must be strict", and "violations must be punished" according to Based on the development level and specific conditions of the cultural market, we should establish and strengthen the construction of cultural law enforcement teams and law enforcement agencies in a targeted manner.

In order to improve the quality of law enforcement personnel, it is necessary to properly control the entry of law enforcement personnel. The selection of law enforcement personnel should be through open recruitment and merit-based admission, and attention should be paid to absorbing representatives from all aspects of the cultural field to join law enforcement in the cultural market. We should appropriately increase the number of institutions participating in law enforcement in the cultural market, implement systematic legal training for law enforcement personnel before taking up their posts, establish a strict job responsibility system and an assessment system for law enforcement performance, and commend and reward those who have made achievements. Unqualified or dishonest elements must be promptly and decisively removed from the law enforcement team to ensure the quality of the cultural law enforcement team.

The cultural management department must cooperate closely with the public security, industrial and commercial departments, etc., take strong rectification measures, strictly manage, and plug loopholes from all aspects. Sanctions for violators cannot be replaced by punishment. We must crack down on illegal activities in accordance with the law, protect intellectual property rights, severely crack down on infringement and piracy activities and other illegal activities, protect the legitimate rights and interests of producers and operators, and purify the cultural market. At the same time, we must resolutely oppose departmental protectionism and local protectionism, and prohibit regional blockades and unfair competition through administrative monopoly in cultural operations to ensure a good market atmosphere for the development of the cultural industry.

(3) Give the people greater power to maintain order and protect their own interests

Fundamentally speaking, the cultural market order depends on all members of society and the broad masses of the people. maintain. On the one hand, the responsibilities of local governments and relevant responsible officials should be increased to crack down on illegal business activities and maintain reasonable competition order, but on the other hand, the power to maintain market order cannot be handed over to only a few people, otherwise they will not be able to supervise the performance of law enforcers. behavior to prevent collusion between law enforcers and offenders. It is necessary to give all kinds of public opinion a greater say in supervising law enforcement officers, and to further give full play to the role of social mass organizations such as the Consumers Association in maintaining the order of the cultural market and safeguarding the rights and interests of market participants. It is necessary to establish a mass reporting and supervision mechanism. Various social media and cultural law enforcement agencies should set up reporting hotlines or open public opinion positions for mass reporting activities. They can be equipped with specialized anti-pornography and anti-illegal agencies, which can be on duty 24 hours a day like the 110 alarm system to deal with offenders. Sanctions and sentencing standards are strictly stipulated, and fines collected must be handed over to the state treasury, and enforcement departments are not allowed to retain them. All relevant laws should be made known to the public, and a reward system should be adopted for those who report truthfully. In short, the whole society must be mobilized to actively and effectively supervise the cultural market and market law enforcement entities.