文章摘要

陆晓曦.中国公共文化服务保障性立法研究与实践综述[J].中国图书馆学报,2017,43(2):117~131
中国公共文化服务保障性立法研究与实践综述
Overview of the Research and Practice of Public Cultural Services Security Legislation in China
投稿时间:2016-09-27  修订日期:2017-02-20
DOI:
中文关键词: 公共文化服务  保障性立法  法律法规
英文关键词: Public cultural service  Security legislation  Laws and regulations
基金项目:
作者单位E-mail
陆晓曦 北京语言大学图书馆 北京 100083 15201464751@163.com,15201464751@163.com 
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中文摘要:
      过去十年是我国公共文化服务体系建设取得重大进展的一个时期,也是公共文化服务保障性立法从多方呼吁上升到国家意志层面的跨越性阶段。系统梳理总结现有的理论成果与实践经验,可以有效推动公共文化服务保障性立法及实践。近十年来公共文化服务保障性立法的研究有较大突破:在广度上,既有对国外经验的介绍与分析,又有对国内研究理论、实践的总结与思考;在深度上,涉及了宏观、中观和微观层面;在研究方法上,理论分析、政策解读、案例分析、个案研究等是广泛采用的方法。存在的问题是:当前我国文化领域立法相对落后,虽然《公共文化服务保障法》已经出台,但立法仍处于初级阶段,在法律数量、研究成果质量上仍存在不足,需要持续的关注、深入系统的研究和大力推进;地方立法实践先于中央立法实践出现,但由于地方性法规和规章的级别相对较低,约束力相对较弱,因此亟需成体系的上位法的支撑和指导。图2。表1。参考文献47。
英文摘要:

    The past decade in China was a period of obtaining a significant progress on the system of public cultural service. It was also a cross-stage from a level of the multiparty appealing for the Public Culture Service Security Legislation rising to a level of national will. Systematically summarizing the available theoretical achievement and practical experiences could effectively promote the process of the security legislation of public cultural service. The research was conducted on CNKI and PKU-law network platform,and up to the end of January,2017,242 articles in Chinese,20 pieces of judicial interpretations for the central regulations,and 236 pieces of local codes and regulations were collected. Historically speaking,the research of the security legislation of public cultural service in China was commenced relatively late. The first thesis with the subject of public cultural service system construction was published in 2006,which clearly put forward that the government should strengthen the policies on the construction of public cultural service and the right protection. However,after the sixth plenary session of the 17th Central Committee was held in 2011,relevant researches developed rapidly and the number of the papers in related topics has been increasing year by year. This situation reflects that the security legislation of public cultural services is being highly focused by the academic circles in China,and the related researches are strengthened,and the achievements are constantly emerging. In practice,the exploration of the security legislation of public cultural service has been implemented from the central government to local governments. At present,The Public Cultural Service Security Act of the People's Republic of China has already been passed. And it will be enforced in March 1st,2017. At the local level,many provinces and cities have successively promulgated and implemented a number of laws,regulations or normative documents,such as Guangdong,Jiangsu,Shanghai,Suzhou and Shenzhen.

    Through analyzing the researches and the practical achievements,we can see that there are breakthroughs on the researches of the security legislation of public cultural service in the past ten years in respect of the breadth and depth as well as the methods. And also the practical results are fruitful. In terms of the scope of the research,the current research includes the introduction and analysis of the foreign experiences and also includes the summaries and thinking of the domestic theoretical research. In terms of the depth of the research,the current research includes the top design of the regulations,the contemporary value of the legislation,citizen's culture rights and so on at the macro level; it includes organization legislation,organization establishment,corporate governance and so on at the meso level; and it also includes the feasibility,principles,models and techniques of the legislation and so on at the micro level. The research on the security legislation of public cultural service is at multi-levels. In these studies,methods of theoretical analyzing,policies interpreting,case referring,and individual case researching are widely used.

    At the same time,some relevant problems have come out. First,the legislation in public culture field is relatively lagged behind,and the security legislation of public cultural service is at the primary stage. Second,the local practice of the legislation is prior to the practice of the central legislation. Since the level of the local laws and regulations is relatively low,the constraint force is relatively weak; therefore,the systematical higher-level law should be made to support and guide the legislation of public cultural services. Finally,the quantity of relevant articles published in the core academic journals is relatively low,and the number of articles published in the newspapers is relatively large. A few graduation thesis addressed on the issues of the security legislation for public cultural service,but systematical and in-depth research papers are less. 2 figs. 1 tab. 47 refs.

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