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The Study Of The Basic Public Cultural Service Standard System In Our Country

Posted on:2018-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:W H JiangFull Text:PDF
GTID:2346330515987997Subject:Constitutional law
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The Standing Committee of the National People’s Congress adopted the Law on the Protection of Public Culture Services on December 25,2016,which is a milestone in the field of cultural undertakings.Standing in this milestone next to look back on the construction of China’s public cultural undertakings,although China’s cultural construction and people’s growing spiritual and cultural needs compared to a certain gap,but in practice,China’s governments at all levels have a considerable experience.As stated in Article 28 of the Law on the Protection of Public Cultural Services,the local government shall,in conjunction with the local conditions when formulating or implementing the public cultural service standards of the administrative region,the basic public culture from various levels and local governments Service guarantee standard system,is our country to build a modern public cultural service system valuable experience.The standard system appears to be the administrative document issued by the executive authorities,but a lot of practice is in the "Public Culture Service Law" to fill the cultural field legislation "short board" before there.And more specific "library","museum" and other related laws is missing.And the Constitution of our country has played a guiding role in value over the years and has a concrete guide to the cause of public culture.It is clear that the legislation is clear when the necessity of legislation of the Law on the Protection of Public Cultural Services To promote the implementation of the Constitution in-depth measures.It can be seen that the whole standard system of basic public cultural service in our country is not isolated,but the practice of our government at all levels under the guidance of the spirit of the relevant provisions of the Constitution and has been standardized.This paper aims to sort out the whole standard system and related legislation,summarize the characteristics and shortcomings of the construction of public cultural undertakings in our country,and understand the relevant provisions of the Constitution in a more microscopic way.This article removes the introduction and conclusion of a total of six parts.The first partexplains the purpose of the basic public cultural service system,that is,the cultural rights of our citizens.Mainly from the "social basic rights" theory and Germany developed the "cultural constitution" theory two angles to discuss.Confirming the legitimacy of the basic public cultural service system.The second part is based on the representative provisions in China’s Constitution and the Law on the Protection of Public Culture Services.First try to clarify the value orientation of public cultural service in China’s normative system.The value of the Constitution’s generalization of cultural activities in China is mainly to pay attention to substantive equality and respect for cultural pluralism.The "Public Culture Service Guarantee Law",which is based on the constitutional spirit,is a kind of law that mainly describes the government’s obligation.For the public cultural service,the four values of "public welfare,basicity,equality and convenience" are summed up.For the content of public cultural services,China’s "Constitution" has a cultural life and cultural career construction of the dichotomy."Public Culture Service Guarantee Law" is the government to build cultural service facilities and cultural activities have specific requirements.The third part is based on the introduction of some of our provincial government’s public cultural service standards and empirical research,summed up the government in the construction of cultural undertakings in the process of experience.On the whole,these standards have three major categories and 14 major items,but the local small items under the big items have different characteristics due to local characteristics.The fourth part is to describe the foreign values in the field of public cultural services,service content,financial supply mechanism and other aspects of experience.Mainly in France,the United States and the United Kingdom system experienceThe fifth part is based on the third part of the empirical study and the fourth part of the foreign experience and combined with the spirit of the Constitution summed up the current basic public cultural service system construction deficiencies.Mainly 1,the public cultural service agencies more and more diversified;2,the lack of support standards and means;3,the service should be more convenient;4,reset the construction of light group building;5,digitalconstruction standards.The sixth part is based on the research of our country,the practical experience of the government and the experience of foreign practice,and the suggestion of the real problem.Mainly 1,improve the public cultural service security system standards;2,the leading role of the executive authorities;3,to play the NPC in the legislative formation and financial supervision on the function.There are more specific recommendations on the three major proposals.
Keywords/Search Tags:Cultural rights, Basic public cultural services, National obligations
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