[Paper] China cultural market problems and development countermeasures.

Hongse Road, Huamei Village, Penghua Town, Nan 'an City, Fujian Province

Cultural market is the place where cultural products and cultural service activities are exchanged in the form of commodities and the sum of their exchange relations. Since the mid-1980s, the cultural market in China has risen quietly, and various cultural sub-markets are competing for development. First, the cultural and entertainment market enters people's lives in various forms of entertainment; Later, the production, distribution and screening of films also began to pay attention to market operation; Subsequently, drama, opera, music and dance performances also picked up the baton of the market, and various commercial performances emerged one after another all over the country; What is particularly dazzling is the overwhelming spread of audio-visual products and commercial art products, and so on. Each cultural sub-market shows its own style to Chinese people in its own unique way. In the new century, the construction of China cultural market has entered a new stage. From national to local, the construction of cultural market has been brought into normal social and economic life and has been highly valued. This paper intends to discuss the characteristics, existing problems and development countermeasures of China cultural market.

First, the basic characteristics of the development of China cultural market

Since the reform and opening up, the cultural market has risen rapidly and developed, becoming a remarkable cultural economy. Its formation and development promoted the prosperity of various cultural undertakings, mobilized the enthusiasm of the whole society to set up cultural undertakings, attracted more and more investors, operators and competitors, and opened up new ways to develop cultural undertakings. Especially after the emerging cultural and recreational activities entered the market, they changed the monotonous, poor and backward lifestyle in the past, provided favorable conditions for the formation of a healthy, scientific and cultural modern lifestyle, met the cultural needs of the people and promoted the development of the two civilizations. At present, the cultural market presents the following basic characteristics.

(1) Cultural market management and diversification of investment subjects.

Market competition needs multiple stakeholders and multiple business investment entities. The construction and development of cultural market is directly related to the improvement of people's spiritual and cultural life. In order to promote the construction of cultural market, the state has made a series of adjustments in cultural economic policies and cultural market management. Under the guidance of relevant national policies, the investors in the cultural market are increasingly diversified. For example, the film production investment in the film market is diversified, including the investment of major film studios owned by the whole people, the investment of local independent filmmakers, and Sino-foreign cooperative investment. The investment in the reconstruction and expansion of cinemas has also changed from self-raised investment to social joint investment or foreign investment absorption (but not more than 49%); The wholesale and retail investment of audio-visual products can also be participated by many parties, including domestic people, foreigners, wholly-owned enterprises and joint ventures; The cancellation of ownership qualification restrictions in commercial performance activities also means the diversification trend of investment subjects in the performance market, and so on. Taking Guangdong as an example, the formation of cultural market has broken the original pattern of exclusive government investment, and a new pattern of multi-party investment by government, enterprises, private enterprises and foreign investors has emerged. For example, the rental industry of audio-visual products is almost all self-employed; The book sales market has formed a diversified and multi-level pattern, in which the "Xinhua" department is the mainstay and other social funds (including other state-owned funds and private funds) participate in the competition. All these show that the state, the collective, the individual and other economic components coexist, and the cultural market presents the characteristics of diversified investment channels.

(2) The classification of the cultural market is complete.

China's cultural market is booming. From the early 1980s to the end of 1990s, there were nine sub-markets: cultural entertainment market, performance market, books and newspapers market, film and television audio-visual market, cultural exchange brokerage market, cultural management service market, cultural tourism market, cultural relics and artworks market and cultural education market. These nine sub-markets basically include all the cultural products and services exchanged by China, and penetrate into all levels 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 above, there is also a striking network culture market. Network culture has injected new vitality into the cultural market with lightning speed, and attracted the majority of young friends with its unique charm. In addition, the original weak etiquette culture market and flower culture market have also sprung up, which is impressive. With the development of China's economy and the improvement of people's living standards in China, people pay more and more attention to weddings and funerals. At the same time, various celebrations in economic life are becoming more and more frequent. This kind of social demand nourishes the major etiquette culture companies and makes the etiquette companies all over the country prosperous. Accordingly, various large and medium-sized flower markets and flower shops have sprung up in front of people, and flowers have become indispensable new friends in people's lives. It can be seen that the structure of the cultural market is developing in a diversified way.

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

Nowadays, cultural products are becoming more and more scientific and technological, whether it is production or sales. For example, the shooting and production of movies and TV series pay attention to high-tech technology and skills, especially some difficult shots and scenes, which are mostly computer synthesis or computer production, and it is difficult to achieve results only by actors' performances. The publication of e-books, especially the emerging online cultural products in the cultural and entertainment market, is the product of high technology. As long as consumers open the web page, they will get all kinds of relevant information from all walks of life in the shortest time, including economy, politics, culture, art and so on, and the colorful game software is also refreshing. In addition, the sales and circulation of cultural products are also showing a trend of science and technology. For example, the traditional film distribution is realized by moving the film, which not only has high sales cost, but also is prone to piracy. Digital film system based on high technology can avoid this problem. It obtains the content of the film through online numbers, so that it can be shown directly in the cinema. This cinema system is not only fast and convenient for distribution and screening, but also allows pirates to drill without gaps, which not only reduces the circulation cost, but also protects intellectual property rights, thus promoting the benign operation of the film market. It can be said that after nearly 20 years of development, China's cultural market has made great progress in quantity and quality, especially the penetration of high technology has increasingly entered people's life horizons, and the trend of marketization of science and technology culture has become increasingly obvious.

Second, the bottleneck restricting the development of China's cultural market "legal issues"

A fair competitive market is the basic pillar of the cultural industry system. Cultural market is the product of economic development and social progress, but it is also the weak link in the market system being established. There are indeed many problems in the current cultural market, but the problem is not the market itself, but the lack of standardized management. The fundamental reason for the repeated illegal business activities in the cultural market is that "there are laws to follow" and "there are laws not to follow". To be truly insulated, the management method can only be legalization, and a set of practical legal systems can be established. With China's entry into WTO, it is urgent to strengthen the construction of laws and regulations and overcome the weak links in the management of cultural market. Generally speaking, the following problems generally exist in the current legal construction of cultural market.

(A) the cultural market laws and regulations system is not perfect, and cultural legislation needs to be strengthened.

The management regulations of the cultural market are still not perfect, mainly in several aspects. First, some projects are not regulated by laws and regulations. In recent years, the concept of cultural market has developed rapidly, new projects have appeared constantly, and the extension of the concept of cultural market is expanding rapidly. For example, 1996, the Ministry of Culture issued a notice to strengthen the management of emerging cultural and entertainment projects, requiring that emerging entertainment projects such as shooting, fishing and computer games be included in the management of the cultural and entertainment market, but so far no formal normative documents have been issued on these projects. At present, there is no formal regulation to regulate the management of cultural brokers, which has an important impact on the prosperity of the cultural market. In addition, some projects have cross-management problems and so on. All these bring difficulties to management. Second, there is a lack of strong and reasonable laws and regulations, and there is a big gap between existing laws and regulations and WTO rules. Third, the policy boundary is difficult to grasp. Some laws and regulations are only principled policy provisions. Because its content is not specific enough, the law enforcement scale is not accurate, and the operability is not strong. Take the game machines and amusement machines in the entertainment market as an example. What is the essential difference between the two? Unclear current laws and regulations not only bring great difficulties to business units, but also provide opportunities for those criminals with ulterior motives to exploit legal loopholes.

(b) Law enforcement is chaotic, and there are shortcomings in management, such as compartmentalization and division of troops.

At present, there is a general problem of poor management system in the cultural market, which leads to confusion in market law enforcement. For example, the entertainment market, book market, audio-visual market and performance market are managed by several government departments respectively, which artificially separates the unified market, resulting in multiple policies and mutual constraints, which hinders the implementation of government law enforcement and management functions.

(3) The phenomenon of disobeying laws and lax enforcement is more serious.

Although the legal construction of cultural market management lags behind other legal systems, the central and local governments have formulated many laws and regulations. The problem now is that the phenomenon of non-compliance with laws and lax enforcement is more prominent. For example, the central government and provinces and cities have repeatedly banned the illegal production and distribution of audio-visual products. However, illegal books, periodicals and audio-visual products flooding the cultural market are mostly distributed by national publishing houses and regional periodical agencies. The reasons are as follows: first, knowing the law and breaking the law, driven by certain interests, executives and law enforcement officers knowingly commit crimes; Second, the law is replaced by power. The cultural activities of some local units go beyond the cultural management department and report to the relevant departments at higher levels. The examination and approval of the departments are not approved by the central department and do not respect the local cultural departments. This power is greater than the law. There are many cases; Third, law enforcement personnel themselves are not of high quality, selfish, afraid of offending people, making enemies and being retaliated, so law enforcement cannot be strict; Fourth, a small number of law enforcement officers and managers are corrupt and pervert the law, unable to withstand the temptation of money, constrained by human feelings and ignoring laws and regulations, resulting in confusion in the management of the cultural market.

Third, some suggestions on strengthening the legal system construction of cultural market.

Rectifying and standardizing the cultural market order is the inherent requirement of practicing Theory of Three Represents and developing China's advanced culture, the need of developing socialist market economy and meeting the challenge of joining WTO, and the need of purifying the social environment and ensuring the healthy growth of the majority of teenagers. To this end, we must start with strengthening the legal system construction of cultural market, strive to curb illegal business activities from the source, establish and improve market rules, standardize market behavior, and form a relatively standardized cultural market.

(a) the government should implement unified norms and macro management of the entire cultural market, speed up the pace of cultural market legislation, gradually improve cultural laws and regulations, and effectively speed up cultural legislation in accordance with the law is the basis for the legal management of the cultural market, and must make great efforts to speed up the pace of cultural legislation.

The administrative department of the government should improve the management laws and regulations of various cultural markets and gradually improve legislation and law enforcement. Due to the particularity of the cultural market (many categories, wide coverage and strong variability, etc.). ), it is unrealistic to expect all the business items of the cultural market to be included in a law. We must attach great importance to the formulation of implementation rules and normative documents. For the project management of various emerging cultural and entertainment markets, we can start with the formulation of normative documents, gradually accumulate experience after implementation, and then upgrade to the regulatory level. In particular, it is necessary to conduct a comprehensive inspection of the original laws and regulations, and those that contravene WTO rules should be seriously revised or re-formulated, and some even abolished. Cultural market management should be brought into the legal track and established on a reliable legal basis.

(2) It is necessary to strengthen the construction of law enforcement teams and institutions, strengthen the concept of the legal system, and act in strict accordance with the law, so as to "enforce the law strictly" and "investigate those who violate the law". According to the developed degree and specific situation of the cultural market, we should establish and strengthen the construction of cultural law enforcement teams and institutions.

In order to improve the quality of law enforcement personnel, it is necessary to ensure good access, select law enforcement personnel through open recruitment and merit-based admission, pay attention to attracting representatives from all walks of life in the cultural field to join the law enforcement team in the cultural market, appropriately increase the institutional setup involved in law enforcement in the cultural market, conduct systematic pre-job legal training for law enforcement personnel, establish a strict post responsibility system and law enforcement performance appraisal system, commend and reward those who have made achievements, and promptly and decisively remove unqualified or dishonest elements from the law enforcement team. Cultural management departments, public security and industrial and commercial departments should cooperate closely, take strong rectification measures, strictly manage and plug loopholes in all aspects, and the punishment of offenders should not be replaced by punishment. It is necessary to crack down on illegal acts in accordance with the law, protect intellectual property rights, severely crack down on illegal acts such as infringement and piracy, 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, prohibit regional blockade and unfair competition through administrative monopoly in cultural management, and ensure a good market atmosphere for the development of cultural industries.

(3) Give people greater power to maintain order and safeguard their own interests.

Fundamentally speaking, the cultural market order should be maintained by all members of society and the broad masses of the people. On the one hand, it is necessary to increase the responsibility of local governments and relevant responsible officials to crack down on illegal business activities and maintain a reasonable competitive order, but on the other hand, the power to maintain market order cannot be given to only a few people, otherwise it will be impossible to supervise the behavior of law enforcers and prevent collusion between law enforcers and offenders. It is necessary to let all kinds of public opinion have a greater say in supervising law enforcement, and further give play to the role of social mass organizations such as consumer associations in maintaining the order of the cultural market and safeguarding the rights and interests of market participants. In order to establish a supervision mechanism for mass reporting, social media and cultural law enforcement agencies should set up reporting hotlines or open up public opinion positions for mass reporting activities, and can be equipped with specialized agencies to eliminate pornography and illegal publications, which are on duty 24 hours like the 1 10 alarm system, and strictly stipulate sanctions and sentencing standards for offenders. The fines collected shall be turned over to the state treasury, and the executive department shall not withhold them. All relevant laws should be known to the whole people, and a reward system should be adopted for those who report the truth. In short, we should mobilize the whole society to actively and effectively supervise the cultural market and market law enforcement subjects.