Film Industry Promotion Law (draft)

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Source:http://www.npc.gov.cn/npc/xinwen/lfgz/flca/2015-11/06/content_1950616.htm

The 17th meeting of the 12th National People's congress has performed initial review of the "People's Republic of China Film Industry Promotion Law (Draft)". The "People's Republic of China Film Industry Promotion Law (Draft)" is hereby released on the National People's Congress website, for solicitation of public comments. The public can directly log in to the NPC website ((www.npc.gov.cn))and provide comments; and may also mail comments to the Legislative Affairs Committee of the Standing Committee of the National People's Congress, (1 West Qianmen Avenue, Xicheng District, Beijing 100805) [in Chinese: 北京市西城区前门西大街1号,邮编:100805. Indicate on the envelope that it is a comment on the Draft PRC Film Industry Promotion Law). The period for solicitation of comments concludes: December 5, 2015.

Contents

People's Republic of China Film Industry Promotion Law (Draft)

Chapter I: General Provisions

Chapter II: Film creation and production

Chapter III: Film Distribution and Screening

Chapter IV: Film Industry Protections

Chapter V: Legal Responsibility

Chapter VI: Supplementary Provisions

Explanation of the People's Republic of China Film Industry Promotion Act (draft)

People's Republic of China Film Industry Promotion Law (Draft)

Chapter I: General Provisions

Article 1: This law is formulated so as to promote the prosperity and development of the film industry, enrich the masses' emotional and cultural lives, and elevate citizens' ideologist and moral character, and scientific and cultural character.

Article 2: This law applies to the engagement in film creation, production, distribution, screening and other such activities (hereinafter referred to as film activities) within the People's Republic of China.

''Films" as used in this Law, refers to works produced utilizing audio-visual technologies and artistic methods, recorded on film or digital media, composed of sequential images with or without sound that present a definite content, complying with nationally provided film technology standards, and released to the public.

Where films are transmitted on information networks such as the Internet, telecommunications networks, radio and television networks apply laws and administrative regulations for information network management on the Internet, telecommunications networks, or radio and television networks.

Article 3: Engagement in film activities shall persist in service to the people and service to socialism, persist in placing the social benefit first, and bring about social benefit consistent with economic benefits.

Article 4: The State upholds a people-centered orientation, persists in the directive of letting a hundred flowers blossom and a hundred schools of thought contend, calls on film producers to stick close to real conditions, to life, and to the people; and encourages exceptional films that integrate thoughtfulness, art and splendor.

The freedom of film creation shall be respected. The State safeguards the freedom of film creation.

Article 5: People's governments at the county level or above shall place development of the film industry within the citizens' economic and development plans for that level.

The State formulates policies for the industry, leading to the formation of a film market that is uniformly open with fair competition; promoting prosperity in the film market.

People's governments of provinces, autonomous regions and directly-governed municipalities shall formulate industry policies on the basis of the local film industry's actual development situation.

Article 6: The State encourages innovation in the science and technology of film, drafting and improving film technology standards and advancing the application of high-tech scientific and technological achievements.

Article 7: Intellectual property rights related to films receive legal protections, and must not be violated by any unit or individual.

The departments in charge of enforcing intellectual property rights laws of the people's governments at or above the county level shall take measures to protect intellectual property rights related to films and to punish actions violating film-related intellectual property rights.

Enterprises, other organizations and individuals engaged in film activities shall increase awareness of intellectual property rights protections, increase the capacity to use, protection and manage intellectual property rights, to protect intellectual property rights in accordance with law.

The state encourages enterprises, other organizations and individuals to develop film image products and other derivative products.

Article 8: The State carries out a support plan for young talent in film.

The State supports schools of higher learning, vocational school, and other educational or training establishments in developing specialized courses related to film, employing various methods to cultivate appropriate talent necessary for developing the film industry.

Article 9: The State employs measures to support rural areas, border areas, impoverished areas and ethnic minority areas carry out film activities.

The State strengthens efforts to translate films into minority languages.

Article 10: The competent department for film under the State Council is responsible for the entire nation's efforts on film; the competent departments for film of people's governments at the county level and above are responsible for that administrative districts efforts on film .

Other relevant departments of people's governments at the county level or above are responsible for work on films within the scope of their duties.

Article 11: Film industry organizations formulate industry self-discipline regulations, carry out business communication and professional skills certifications, strengthen education on professional ethics, and preserve the lawful rights and interests of members.

Article 12: The State establishes a film evaluation system, and encourages film reviews.

In accordance with relevant provisions, the State awards prizes to excellent films and organizations or individuals making outstanding contributions to promoting the development of the film industry

Article 13: The State encourages the initiation of fair and mutually advantageous international cooperation and exchange in film, and supports participation in foreign film festivals (exhibitions).

 

Chapter II: Film creation and production

Article 14: The State encourages innovation in films' themes, genres, forms, and methods, and encourages communication between academia and business on film.

Competent departments for film of people's governments at the county level or above, on the basis of the need for film creation, facilitate and provide assistance for film creators in going among the basic levels, going among the masses, and experiencing life.

Article 15: The State encourages enterprises and other organizations to engage in film production activities.

Where enterprises or other organizations have personnel, capital or other requirements appropriate for engaging in film production activities; upon approval of the competent film departments of the people's government for a province, autonomous region or directly governed municipality, they may engage in film production activities.

The competent departments for film of people's governments for provinces, autonomous regions, directly-governed municipalities shall make a decision to approve or not approve an application within 20 days of receiving it. Where conditions are met, approval is given, a 'film production permit' is issued, and it is publicly announced; where conditions are not met, approval is not given, and a written notification is given to the applicant explaining the reasons.

Article 16: Enterprises or other organizations that have obtained a 'film production permit' shall send the screenplays of films with ordinary themes to be recorded with the the competent departments for film under the State Council or for a province, autonomous region or directly-governed municipality; and shall send screen plays of films with a special themes to be reviewed the competent departments for film under the State Council or for a province, autonomous region or directly-governed municipality. Where screenplay synopses or screenplays meet the requirements of article 20(1) of this law, the competent department for film under the state council will announce the basic circumstances. Specific measures shall be formulated by the competent departments for film under the State Council.

Article 17: Enterprises or other organizations that have previously produced films approved for release, may cooperate with foreign enterprises or other organizations to produce films upon the approval of the competent departments for film under the State Council; where copyrights are enjoyed in the cooperatively produced film, the film is treated the same as other films produced by enterprises or organizations domestically. Where the cooperating enterprises or other organization has engaged in activities that damaged China's national honor and interests, threatened social stability or injured ethnic sentiment, they shall not be approved.

Foreign enterprises and other organizations must not independently engage in film production activities within mainland China; and foreign individuals must not engage in film production activities in mainland China.

Article 18: Competent departments for film of people's governments at the county level and above shall coordinate with departments such as for public security, cultural artifact preservation, and scenic area administration to facilitate and assist enterprises and other organizations producing films.

Those engaging in film production activities shall obey the relevant laws and administrative regulations in areas such as environmental protections, scenic region administration, and production safety, and shall employ necessary protective and preventative measures and production sites.

Article 19: Enterprises, other organizations and individuals must not engage in post-production operations or processing of foreign films with content that harms China's national honor and interests, endangers social stability, harms ethnic sentiments, or has other such content.

Article 20: Films must not contain the following content:

(1) violations of the basic principles of the Constitution, incitement of resistance to or undermining of implementation of the Constitution, laws, or administrative regulations;

(2) endangerment of the national unity, sovereignty or territorial integrity; leaking state secrets; endangering national security; harming national honor or interests;

(3) Belittling exceptional ethnic cultural traditions, incitement of ethnic hatred or ethnic discrimination, violations of ethnic customs, distortion of ethnic history or ethnic historical figures, injuring ethnic sentiments or undermining ethnic unity;

(4) Promotion of religious fanaticism, damaging religious harmony,injuring the religious feelings of religious citizens, undermining the unity of religious citizens and non-religious citizens, promoting cults and superstition;

(5) endangerment of social morality, disturbing social order, undermining social stability; promoting pornography, gambling, drug use, violence, or terror; instigation of crimes or imparting criminal methods;

(6) Violations of the lawful rights and interests of minors or harming the physical and psychological health of minors;

(7) insults of defamation of others, or spreading others' private information and infringement of others' lawful rights and interests;

(8) other content prohibited by laws or administrative regulations.

Films shall comply with technical standards provided by the State.

Article 21: Enterprises and other organizations shall send films on which production is complete for review at the competent authorities for film of people's governments of provinces, autonomous regions or directly controlled municipalities.

The competent departments for film under the State Council or of people's governments for provinces, autonomous regions, or directly-governed municipalities shall make a review decision within 30 days of receiving an application. Where the provisions of this law are complied with, release is approved, a 'film release permit' is issued, and it is announced to the public; where the provisions of this law are not complied with, release is not approved and the applicant is informed of the reason in writing.

The competent departments for film under the State Council shall formulate specific standards for improving review of films, and release them to the public. The formulation of the specific standards for improving review of films shall be released to the public for solicitation of public comments, and organize experts to conduct debate.

Article 22: Review of films shall organize experts to conduct appraisals and have the experts submit appraisal comments. Where enterprises or other organizations have objections to experts' appraisal comments, the competent departments of film under the State Council or for a province, autonomous region or directly-governed municipality may separately organize experts for a re-appraisal. Appraising experts, includes experts from the experts bank and experts specially recruited on the basis of film themes. Experts' appraisal comments shall be an important basis for making review decisions. Specific measures on experts' appraisals are to be formulated by the competent departments for film under the State Council.

Article 23: Where films that have received a 'film release permit' need to modify content, the provisions of this law shall be followed in reporting for a review and newly obtaining a 'film release permit'.

Article 24: Films that have obtained a 'film release permit' may participate in overseas film festivals (exhibition). Before enterprises and other organizations organize film festivals (exhibitions) involving foreign entitites, send the relevant materials for recording at the competent departments for film under the State Council or for a province, autonomous region or directly-governed municipality.

Article 25: Enterprises and other organizations producing films shall display 'film release permit' they obtain in the title frame of films.

Films that have not obtained a 'film release permit' must not be released, screened or participate in film festivals (exhibitions); must not be transmitted through the internet, telecommunications networks, radio and television networks or other information networks; and must not be made into a/v products; except as law or administrative regulations otherwise provides.

Article 26: Film archive institutions established by the State receive, collect, organize, preserve and release film archives to the public in accordance with law.

Enterprises or other organizations producing films follow the relevant provisions of the 'PRC Archive Law" to do a good job of preserving national film archives and transferring, donating and storing film archives to the film archive institutions.

 

Chapter III: Film Distribution and Screening

Article 27: Where enterprises have the appropriate staff, funding and other requirements for engaging in film distribution activities, they may engage in film distribution activities with the permission of the competent departments for film under the state council or other the province, autonomous region, directly controlled municipality where they are located. Of these, where the competent departments for film under the State Council give approval, film distribution activities may be across provinces, autonomous regions or directly-governed municipalities.

Where enterprises and individually owned businesses have the appropriate staff, equipment and other resources for engaging in film screening activities, they may engage in film screening activities with the permission of the local county level people's government for their location.

Article 28: Competent departments for film responsible under the provisions of this law for reviewing and approving film distribution and screening activities shall make a decision to approve or not approve within 30 days of receiving an application. Where requirements are met, approval is given and a 'film distribution business permit' or a "film screening business permit" is issued and this is publicly announced; where requirements are not met, approval is not given and the applicant is notified in writing of the reasons.

Article 29: Enterprises and individuals engaging in mobile screening of films shall record their name or the name of the operator, the contact methods, the release equipment and other circumstances to the competent department for film at the county level people's government where the operation is located.

Article 30: People's governments at the county level or above shall support the development of rural films, make overall arrangements for ensuring the film viewing needs of the rural masses, and putting rural public interest film screening within the plan for establishing cultural services systems.

The State will increase the extend to support for rural public interest film screening , with governments paying to establish and improve service networks for rural public interest film screening , continuously improving the capacity of rural areas for film viewing, and providing the people with exceptional, quick and easy film viewing service.

Those engaging in rural public interest film screening activities must not falsely report, misdirect, or otherwise defraud the rural public interest film screening subsidy fund.

Article 31:The State advocates that students receiving compulsory education should, at least twice each semester, watch films jointly recommended by the competent department for films and for education under the state council and the beneficial for minors' healthy upbringing.

The State encourages theaters and enterprises or individuals engaged in mobile film screening activities to adopt various measures such as ticket discounts, establishing screening rooms with different set ups, or community screening to facilitate film viewing by minors, low income urban or rural residents, city workers, and others; the local people's governments where theaters and enterprises or individuals engaged in mobile film screening activities are located may give them awards or subsidies.

Article 32: Films that have not obtained a 'film release permit' must not be screened by any unit or individual.

The amount of time spent by a theater screening films produced by domestic mainland enterprises and other organizations must not be less than 2/3 of the total time spent screening films.

Movie theaters, and enterprises or individuals engaging in mobile screening activities, shall ensure the quality of film screenings. Where the screening of films could lead to the audience's physical or psychological discomfort, notice shall be given.

Article 33: Theater's facilities and equipment, as well as equipment used in mobile screening , shall comply with national provisions technological standards for film screening .

Theaters must not show advertisements between the time indicated for the start and conclusion of the film.

Movie theaters shall install computerized ticket sales systems complying with the national standards, conduct accounting in accordance with law, and truthfully calculate sales income.

Films being screened must not be recorded by any person without the permission of the rights holders; Where recording is discovered, theater employees have the right to stop it.

Article 34: Theaters shall comply with laws and administrative regulations such as for public security, fire control, and public venue health , maintaining public order and a healthy environment in venues for screenings, protecting the safety and health of audiences.

Explosive, flammable, radioactive, corrosive or other hazardous items must not be brought into theaters by and person; guns, ammunition, and prohibited weapons must not be unlawfully carried in theaters; and where the items described above are unlawfully carried, theater employees should refuse to let them enter the theater.

Article 35: Upon approval of the competent departments for film under the State Council or the competent departments for film of a people's government of a province, autonomous region or directly-governed municipality; film festivals (exhibitions) involving foreign entities may be organized domestically, and specific measures will be formulated the competent departments for film under the State Council.

 

Chapter IV: Film Industry Protections

Article 36:The state supports the creation and production of the following films:

(1) films carrying forward the core socialist values;

(2) films advantageous to minors ' healthy upbringing;

(C) Films demonstrating artistic innovation and promoting progress in the arts.

Article 37: The State promotes the development of the film industry, driving relevant cultural industry capital and funds to increase the degree of investment in the film industry. Government funds shall be arranged on the basis of a comprehensive consideration of the different stages and times of the development of the film industry, combined with the national financial situation and needs of developing the economy and society,

The State improves relevant financial and accounting systems on the basis of the characteristics and actual circumstances of the film industry.

Article 38: The State implements the necessary tax incentive policies to promote the prosperous development of the film industry, specific methods are to be provided by the competent tax departments under the State Council in accordance with the tax laws, administrative laws.

Article 39:Local people's governments at the county level and above shall, on the basis of the people's desires and the needs of developing the film market, put the construction and reformation of movie theaters into the people's economic and social development plans, culture industry development plans, overall land use plans, and urban and rural overall construction plans.

Local people's governments at the county level and above should follow relevant national provisions to effectively ensure land desired for theaters, and vitalize existing land resources to support the establishment of theaters.

Article 40:The state encourages financial institutions to provide financing services to those engaged in film activities and improving basic film facilities, to develop mortgages for film intellectual property rights, and to support development of the film industry in terms of credit and other aspect.

The State encourages insurance agencies to lawfully develop insurance products necessary for the development of the film industry.

The State encourages financing security institutions to provide financial security for the film industry in accordance with law, and to use re-collateral, joint mortgages, combined mortgages and insurance to distribute risk.

For production of films announced by the competent departments for film under the State Council in accordance with this Law, follow the relevant national provisions to reasonably determine the loan period and interest.

Article 41:The State encourages enterprises and other organizations to conduct cross-border investment through means such as overseas cooperation on movie production, to lawfully ensure their foreign trade, cross-border financing and investments, and other reasonable expense requirements.

Article 42:The State supports the translation of exceptional films into foreign languages, and comprehensively uses diplomatic, cultural, educational, and other communication resources to carry out activities promoting the film industry overseas.

The State encourages enterprises, other organizations and individuals to engage in overseas promotion of the film.

Article 43:The State encourages social forces to develop the film industry through means such as investment and donations, and gives preferred treatment in accordance with law.

Article 44:Competent departments for film of people's Governments at the county level or above shall strengthen the routing supervision and management film activities, establish a social credit archive system, and record enterprises, other organizations and individuals engaged in film activities that receive administrative penalties for violations of the provisions of this law into the social credit archive system and announce it to the public.

 

Chapter V: Legal Responsibility

Article 45:Where film production, release, or screening activities are engaged in without approvals or authorization, the competent departments for film of people's governments at the county level or above, in accordance with their duties and division of labor, stop it, confiscate the film and unlawful gains, and also tools and equipment used to engage in the unlawful activities; where unlawful gains are 50,000 yuan or more, a concurrent fine of between 5 and ten times the amount of the illegal gains is given; where there are no unlawful gains or the unlawful gains are less than 50,000 yuan, a concurrent fine of up to 250,000 may be given.

Article 46:In any of the following situations, the original permit-issuing organ will revoke or withdraw the relevant permits; the competent departments for film at the county level or above, in accordance with their duties and division of labor, will confiscate unlawful gains; where unlawful gains are 50,000 yuan or more, a concurrent fine of between 5 and ten times the amount of the illegal gains is given; where there are no unlawful gains or the unlawful gains are less than 50,000 yuan, a concurrent fine of up to 250,000 may be given.

(1) Alteration, leasing, lending, or sale of permits or approval documents provided for in this Law, or other forms of unlawful transfer of permits or approval documents provided for in this Law;

(2) Obtaining permits or approval documents provided for in this Law through fraud, bribery or other improper methods.

Article 47:In any of the following situations, the original permit-issuing organ will revoke permits; the competent departments for film at the county level or above, in accordance with their duties and division of labor, will confiscate films and unlawful gains; where unlawful gains are 50,000 yuan or more, a concurrent fine of between 10 and 20 times the amount of the illegal gains is given; where there are no unlawful gains or the unlawful gains are less than 50,000 yuan, a concurrent fine of up to 500,000 may be given.

(1) Distribution and screening of films that have not obtained a "film release permit";

(2) Altering the content of films without approval after obtaining a 'film release permit';

(3) Providing films that have not received a 'film release permit' for participation in a film festival (exhibition).

Article 48:Where post-production operations or processing of foreign films with content that harms China's national honor and interests, endangers social stability, harms ethnic sentiments, or has other such content is carried out; the competent departments for film of people's governments at the county level or above, in accordance with their duties and division of labor, stop the unlawful activities and confiscate films and unlawful gains; where unlawful gains are 50,000 yuan or more, a concurrent fine of between 3 and 5 times the amount of the illegal gains is given; where there are no unlawful gains or the unlawful gains are less than 50,000 yuan, a concurrent fine of up to 150,000 may be given. Where the circumstances are serious, the competent departments for film report to the administrative departments for industry and commerce, and the department for industry and commerce will revoke their business license.

Article 49: Where movie theaters do not accurately calculate sales receipts, the relevant departments for film of people's governments at the county level or above will give a fine of between 50,000 and 500,000 yuan; and, where the circumstances are serious, order them to stop business for rectification; where the circumstances are especially serious, the original permit-issuing organ will revoke their permits.

Where movie theaters show advertisements during the times that it was indicated a movie would begin and conclude the screening , the competent departments for film of people's governments at the county level or above will give a warning and order corrections; where the circumstances are serious, a fine of between 10,000 and 50,000 is given.

Article 50:Where, without approval or authorization, enterprises or other organizations organize a film festival (exhibition) that involves foreign entities, the competent department for films under the State Council or the competent department for films of a people's government for a province, autonomous region or directly governed municipality, will , in accordance with their duties and division of labor, stop the unlawful activities and confiscate films participating in the event and any unlawful gains; where unlawful gains are 50,000 yuan or more, a concurrent fine of between 5 and 10 times the amount of the unlawful gains is given; where there are no unlawful gains or the unlawful gains are less than 50,000 yuan, a concurrent fine of up to 250,000 may be given; where the circumstances are serious, a film festival (exhibition) involving foreign entities may not be organized for up to 5 years from the date on which punishment was received.

Where individuals organize a film festival (exhibition) without approval or authorization, or without authorization submit a film that has not obtained a "film release permit" for participation in a film festival (exhibition), they must not engage in film activities for 5 years.

Article 51:Where enterprises and other organizations or individual businesses have their permits revoked or withdrawn as the result of violating this law; they must not again apply for that permit again within 5 years from the date on which the permit was revoked or withdrawn; their legally-designated representative or principal must not serve as the legally-designated representative or principal of an enterprise, other organization or individual business for five years from the date on which the permit was revoked or withdrawn.

Article 52:In any of the following situations, punishment is given in accordance with the relevant laws and administrative regulations:

(1) Having film works that have not obtained a "film release permit" as audio-visual products;

(2) Using information networks such as the internet, telecommunications networks or radio and television networks to transmit films that have not obtained a "film release permit";

(3) Defrauding rural public interest film screening subsidy funds by making false reports, misrepresentations, or other means;

(4) Violating intellectual property rights related to films;

(5) Failing to accept, collect, process, preserve, or transfer film archives in accordance with law.

Where movie theaters have the conduct of the fourth item of the preceding paragraph, and the circumstances are serious, the original permit-issuing organ shall revoke the permit.

Article 53:Where the staff of competent departments for film or other relevant departments in people's governments at the county level or above have any of the following situations, sanctions are given in accordance with law:

(1) Exploiting the convenience of the office to receive others' assets or other benefits;

(2) Violating this law in approval activities;

(3) Not performing supervision duties;

(4) Not investing when discovering illegal conduct;

(5) Corruption or misappropriation of subsidies funds or special capital and funding for public interest screenings of films in rural areas;

(6) Other circumstances violating the provisions of this law.

Article 54:Where violations of the provisions of this law constitute a crime, criminal liability is pursued in accordance with law; where injuries to persons or property are caused, civil liability is borne in accordance with law.

Where having received administrative punishments twice within two years for violations of this law, one again exhibits conduct that should be punished under this law, a heavier punishment is given.

Article 55:Competent departments for film of people's governments at the county level or above, and their staff, shall strictly follow the types and range of punishments provided by this law, carrying out administrative punishments on the basis of the nature of the conduct and specific circumstances; specific measures will be drafted by the competent departments for film under the State Council.

When competent departments for film of people's governments at the county level or above conduct an investigation of conduct for which their is evidence showing is a violation of this law, they may seal off venues or facilities related to the unlawful conduct, or seal or seize property used in the unlawful conduct.

Article 56:Where parties are dissatisfied with the administrative actions that competent departments for film of people's governments at the county level,or above or other departments, take under this law, they may apply for an administrative reconsideration in accordance with law or raise an administrative lawsuit; of these, where there is dissatisfaction with a decision to not approve a film's release by the competent department for film under the State Council, an application shall first be made for an administrative reconsideration, and those dissatisfied with the administrative reconsideration decision may raise an administrative lawsuit.

 

Chapter VI: Supplementary Provisions

Article 57:Where foreign capital is used in the People's Republic of China territories to set up a film company, follow the relevant national provisions.

Article 58:This law takes effect on XX-XX-XX.

 

Explanation of the People's Republic of China Film Industry Promotion Act (draft)

 

I. The need for the legislation

Ever since the 2002 reform of the film industry, China's annual film output has steadily risen from less than 100 more than 600, ticket sales volumes increased from less than 1 billion yuan a year to nearly 30 billion yuan in 2014 and has exceeded 33 billion yuan in the first 9 months of this year , and the number of screens has increased from less than 2000 to 29,000 . In 2014, the film industry has reached an overall size of 65 billion yuan, maintaining annual growth of more than or close to 30%, effectively promoted the development of related industries, become a boost to domestic demand in the cultural arena, and become one of the important industries for promoting employment and promoting the transformation and upgrading of national economic growth. There is great potential for the future development of China's film industry, but compared with other nations that are film powers, and compared with the economic and social development and the people's growing spiritual and cultural needs, there is still much lacking and there are still many issues to be resolved: First, the film market needs to be further stimulated. There are many approvals and constraints, hindering industry development and impacting social forces enthusiasm for entering the film industry, the urgently requiring appropriate loosening of restrictions at the system level. Second, is that order in the film market should be further regulated. China's film market is still immature and integrity systems in the market are not perfect, sometimes films are produced without authorization, and film festivals (exhibitions) are organized without permission, so it is necessary to revise and improve the relevant management systems. Third is the level of development in the film industry needs to be raised. China's film industry is still in the development stage with a relatively weak foundation, and it is necessary to draw lessons from successful international experiences, increasing the guidance and support of the film industry. Fourth, is to further emphasize protection of cultural security. Currently, the task of resisting the corrosion of decadent culture and maintening cultural security remains very hard; and it is necessary to improve content regulation systems and measures to further bring the positive role of the film into play.

In order to truly solve the above problems, promote the development of the film industry, the State Administration of Radio, Film, and Television, on the basis of in-depth research, cumulative practical experience, and widely solicited opinions, originally drafted the People's Republic of China Film Industry Promotion Act (draft) (hereinafter draft). Upon receipt of the draft, The Office of Legal Affairs solicited feedback several times from relevant Central units, local governments and experts, solicited comment from the general public on the Internet, went to relevant locations for research, and, in conjunction with the State Administration for of Press, Publication Radio and Television, repeatedly researched, revised and formed the" People's Republic of China film industry Promotion Act (draft) " (hereinafter referred to as "the draft"). The draft was discussed and adopted at the 104th meeting of the State Council Standing Committee on September 1, 2015.

II. The general thinking of the legislation

Work mainly take the following ideas: One is changing the Government's method of management, actively bringing into play the role of market forces in promoting allocation of resources. 培育、规范市场秩序,坚持放管并举,该放的放开,该管的管住,寓管理于服务之中,为社会力量从事电影活动提供便利。 Second is fully bringing into play the guiding and stimulating functions of the government, increasing the degree of support for the film industry. Employ multiple support measures including for government funds, tax, financial, land use and human to promote comprehensive development of the film industry. Third, is both promoting industry development and also safeguarding cultural security. Promotion of the development of the industry begins from China's actual conditions with the prerequisite of protecting cultural security.

III. The main content of the draft

(1) Promoting decentralization and stimulating market vitality.

为加快转变政府职能,草案未新设行政审批,同时取消2项、下放5项行政审批:一是鼓励企业、其他组织从事电影摄制活动,取消了《电影摄制许可证(单片)》,只保留《电影摄制许可证》;二是简化电影剧本审查制度,取消一般题材电影剧本审查,只需将电影剧本梗概予以备案;三是降低有关电影活动的准入门槛,下放了电影摄制审批、特殊题材电影剧本审批、电影公映审批、电影放映审批和举办涉外电影节(展)审批。 (Articles 15, 16, 21, 27, and 35)

(2) Regulating industry development and market order.

一是电影主管部门要加强对电影活动的日常监督管理,建立社会信用档案制度,并向社会公布;二是电影行业组织要依法制定行业自律规范,开展业务交流和职业技能认证,加强职业道德教育,维护成员的合法权益;三是从事电影摄制、发行、放映活动,要具有与其相适应的人员、资金等条件;四是执法部门要依法保护与电影有关的知识产权,查处侵犯知识产权行为;五是要求电影院安装符合国家标准的计算机售票系统,依法进行会计核算,如实统计销售收入;六是从事电影院放映和流动放映的,要保障电影放映质量,放映设施、设备符合国家规定的电影放映技术标准;七是在境内举办涉外电影节(展)的,需经有关电影主管部门批准。 (Articles 7, 11, 15, 27, 33, 35, and 44)

(3) Increasing the extent of support to raise the developmental level of the film industry.

为调动电影创作、摄制、发行、放映等主体的积极性,草案规定:一是政府应将电影产业发展纳入本级国民经济和社会发展规划,通过制定相关产业政策引导形成统一开放、公平竞争的电影市场;二是通过引导相关文化产业专项资金、基金加大对电影产业投入力度,以及给予税收优惠、鼓励金融机构提供支持、有效保障用地需求、加大境外推广力度等,促进电影产业全面发展;三是要求政府为电影创作人员深入基层、深入群众、体验生活等提供便利和帮助,协调有关部门为摄制电影提供便利和帮助;四是鼓励社会力量以投资、捐赠等方式发展电影产业,并依法给予优惠;五是扶持农村地区、边疆地区、贫困地区和少数民族地区开展电影活动,加强电影的少数民族语言文字译制工作。 (Articles 5, 9, 14, 18, 37, 38-40, 42, and 43)

(4) Preserving cultural security, carrying forward to core socialist values.

First, is clarifying the positive orientation of film, providing that films persist in serving the people and serving Socialism, and prohibiting content that violates basic principles of the Constitution, endangers national security or harms social morality. Second is prohibiting foreign enterprises and other organizations from independently engaging in movie production activities in mainland China, prohibiting foreign individuals from engaging in film production activities in mainland China, and prohibiting foreign enterprises and other organizations that have engaged in activities which harmed China's honor and interests, endangered social stability or harmed ethnic sentiment from cooperatively producing films. Third is that films which have not been reviewed must not be distributed, screened, or participate in film festivals (exhibitions), and must not be disseminated through the Internet, telecommunication networks, radio or TV networks or other information information, and must not be made as a/v products. (Articles 3, 17, 20, and 25)

In addition, the draft also has provisions on violations on the appropriate legal liability for violations of this law. (Chapter V)

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