중국의 문화산업정책과 법제고찰

Abstract

In China, the cultural industry is the activity of providing cultural goods to the public, which is different from cultural career. The purpose of former is to pursuit profit while the later is public welfare. The concept of cultural industry comes from the official document of the most powerful agency in China-Central Committee of the Communist Party of China, “the Central Committee on the development of national economic and social development of the 10th Five-Year Plan” in 2000. China has developed cultural industries through various policies and legal systems since then and the most representative of which is the “China's cultural industry revitalization plan”, released by Chinese Ministry of Culture in 2009. As a G2 country, China is promoting the growth of cultural industries forcefully, and has put forward the concept of “socialist cultural power” in order to enhance its economic status and improve soft power at the same time. What is more, the government of Xijinping has also put forward the new concept, “Chinese dream”, one of the most important factors is the “cultural rise”. This means that China is changing from the labor intensive industry into a cultural industry to achieve economic growth. China is a socialist country led by the Chinese Communist Party, policies formulated by the party and the government are the foundation stone for national operations. In recent years, China has also stressed the importance of the legal level such as the “socialist country under the rule of law”. However, there are problems in the legal system of Chinese cultural industry, which is the prerequisite of cultural rule of law. The most typical issue is the various licensing systems including the pre-examination system. That is, the basic position of the Chinese government is to support and revitalize the culture with a lot of regulations. Law related to cultural industry is rare in China currently even though there are cultural relics protection law, copyright law, intangible cultural heritage law, etc. The result is, administrative regulations and policies of party and government have replace law and there is no basic law on the overall cultural industry such as cultural industry promotion law, basic law of cultural industries. Although the recently enacted Film Industry Promotion Act has put into force, it is more about “regulation” rather than “promotion”. Therefore, the legal system and level of China's cultural industry has to be improved. China's economic has increased fastly, higher income and the two-child policy will contribute to the future growth of China's cultural industry. However, the quality of which is not ideal as compared to its extent. Chinese cultural industry and the future of the Korean economy is also closely linked since South Korea has lack of resources. Therefore, the legal level of Chinese cultural industry is significant for South Korea.