Public Cultural Service Of The Prc Law On The Protection Of

Original Language Title: 中华人民共和国公共文化服务保障法

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  (December 25, 2016 adopted at the 12th session of the Standing Committee of the national people's Congress, the 25th session), Chairman of the people's Republic of China 60th


Public cultural service guarantee law of the PRC by the people's Republic of China on December 25, 2016 adopted at the 12th session of the Standing Committee of the national people's Congress, the 25th, is released, as of March 1, 2017. People's Republic of China President XI December 25, 2016 directory first chapter General second chapter public culture facilities construction and management third chapter public culture service provides fourth chapter guarantees measures fifth chapter legal responsibility sixth chapter schedule first chapter General first article to strengthening public culture service system construction, rich people spirit culture life, Heritage Chinese excellent traditional culture, promote Socialist core values, enhanced culture confidence, promote China features Socialist culture prosperity development, improve full national civilization quality

And this law is enacted.

Public cultural services mentioned in article of this law, is run by a Government-led, social participation, in order to meet citizens ' basic needs provided for the main purpose of public cultural facilities, cultural product, cultural activities, and other related services.

Third public cultural services should adhere to the orientation of advanced Socialist culture, adhere to the people-centered, adhere to the Socialist core values lead; it should be in accordance with the "hundred flowers, different schools" policy, supports the creation of good public cultural products production, enriching the content of public cultural services.

Fourth people's Governments above the county level public cultural services should be incorporated into the national economic and social development planning, in accordance with the public welfare, basic requirements, equal, facilitating, and strengthen the construction of public cultural facilities, improve the public cultural service system, improve the effectiveness of public cultural services.

Fifth State according to the level of basic cultural needs of citizens and economic and social development, developing basic public cultural services and adjustment of national guidelines.

People's Governments of provinces, autonomous regions and municipalities according to the national standard of basic public cultural services guide, combined with actual demand, financial capacity and culture, developing and adjusting the administrative standard of basic public cultural services. Sixth composite public cultural services under the State Council coordination mechanisms to guide, coordinate and implement a national public cultural services.

Culturally competent departments of the State Council coordination responsibilities.

Local people's Governments at various levels shall strengthen the co-ordination of public cultural services to promote sharing.

Article seventh State cultural authorities, the radio and television Department of press and publication in accordance with this law and the responsibilities under the State Council is responsible for the country's public cultural service; other relevant departments under the State Council in charge of the relevant work of public cultural services within their respective mandates.

Local people's Governments at or above the county level culture, press and publication within the broadcasting sector in accordance with its mandate is responsible for the administration of public cultural services; local people's Governments at or above the county level departments in charge of the relevant work of public cultural services within their respective mandates.

Eighth State to help old revolutionary areas, ethnic minority areas, border areas and poverty-stricken areas of public cultural services, promote balanced and coordinated development of public cultural services.

Nineth levels of people's Governments shall, in accordance with minors, the elderly, persons with disabilities and the characteristics and needs of population groups, provide appropriate public cultural services.

Tenth State encourages and supports public cultural services combined with school education, public cultural services social educational function into full play, improving teenagers ' ideological and moral and scientific and cultural qualities.

11th the State encourages and supports the play the role of science and technology in the public cultural service, promoting the use of modern information and communication technologies, raise the level of scientific literacy of the public and of public cultural services.

12th the State encourages and supports international cooperation and Exchange in the field of public cultural services.

13th the State encourages and supports the citizens, legal persons and other organizations in the public service.

Making outstanding contributions to public cultural service of citizens, legal persons and other organizations, shall be subject to recognition and reward. Second chapter public culture facilities construction and management 14th article this method by said public culture facilities is refers to for provides public culture service of buildings, and site and equipment, main including library, and Museum, and cultural centers (station), and Gallery, and Technology Museum, and Memorial, and sports venues, and Palace, and green Palace, and women children activities center, and elderly activities center, and township (Street) and village (community) grass-roots integrated culture Service Center, and farm (workers) House, and public read baolan (screen), and

Radio and television broadcasting transmission covering digital culture facilities, public services and so on.

Local people's Governments at or above the county level public cultural facilities within their respective administrative areas should be directories and related information to the public.

15th article County above place Government should will public culture facilities construction into this level urban and rural planning, according to national basic public culture service guide standard, and provincial basic public culture service implementation standard, combined local economic social development level, and population status, and environment conditions, and culture features, reasonable determine public culture facilities of type, and number, and scale and layout, formed venues service, and flow service and digital service phase combined of public culture facilities network.

The location of public cultural facilities, shall solicit the views of the public, in line with the functions and features of the public cultural facilities, to play its role.

16th section land for the construction of public cultural facilities, shall comply with the General land use planning and urban planning, and in accordance with legal procedures. Any unit or individual is allowed to occupy public cultural facilities with or without changing its use. Due to special circumstances require adjustment of land for construction of public cultural facilities, should be to redefine the land for construction.

Adjusted area of land for construction of public cultural facilities should not be less than the original.

Newly built, rebuilt or expanded residential, shall, in accordance with the relevant regulations, standards and planning and construction of public cultural facilities.

17th the design and construction of public cultural facilities shall comply with practical, safe, scientific, aesthetic, environmental, conservation requirements and national standards, and barrier-free facilities and equipment configuration.

Article 18th local governments at all levels to take the building, rebuilding, expansion, construction, leasing, utilization of existing public facilities and other means, strengthening the town (Street), the village (community) primary comprehensive cultural Service Center building, promoting grass-roots public facilities management, utilization, and to guarantee their normal operation.

19th no unit or individual may unlawfully removed cultural facility, without changing the public cultural facilities function, use or interfere with their normal operation, or embezzle the public cultural facilities, public cultural facilities may not be used for unrelated business activities and public culture service. For urban and rural construction is absolutely necessary to dismantle the public cultural facilities, or changes its function, purpose, shall, in accordance with the relevant provisions of laws and administrative regulations, renewal, alteration, and adhere to the construction of the building before they are dismantled or removed while the principle.

Reconstructing, altering the public cultural facilities standards, building area shall not be reduced.

20th public cultural facilities management unit shall, in accordance with the State standards, configure and update the necessary services and equipment, strengthening of public cultural facilities, regular maintenance work to ensure normal use and operation of the public cultural facilities.

21st public cultural facilities management unit shall establish a sound management system and service standards, establish public cultural facilities asset statistics reporting system and the system of public cultural services annual report.

22nd public cultural facilities management unit shall establish and improve the safety management system, evaluation of public cultural facilities and public safety, with security equipment and personnel according to law, safeguarding public cultural facilities and public safety.

23rd people's Governments at various levels shall establish public cultural facilities with public participation using the performance appraisal system, management units should be based on the evaluation results to improve public cultural facilities, improve the quality of service.

24th national public libraries, museums, cultural centers and other public cultural facilities management unit in accordance with its functional position to establish a sound corporate governance structure, involving representatives of interested parties, professionals and the general public in the management.

25th State to encourage and support citizens, legal persons and other organizations build, donate or construction of public cultural facilities in cooperation with government departments, encouraging citizens, legal persons and other organizations shall participate in the operation and management of public cultural facilities.

26th the public in the use of public cultural facilities, shall comply with public order, protect public facilities shall not be damaged public facilities, equipment and supplies.

Chapter 27th article of public cultural services Governments at all levels should make full use of public cultural facilities, promote public provision and dissemination of cultural products, supporting reading, popularizing, fitness, popular science and art popular and traditional cultural activities.

28th district of the municipal, local people's Governments at the county level shall, in accordance with national guidance on basic public cultural services standards and basic public services in provinces, autonomous regions and municipalities directly under the implementation of standards, combined with practical, develop publishing the directory of public cultural services and organize the implementation of the administrative area.

29th public welfare cultural agencies should improve the service, rich content, create the conditions available to the public free of charge or offer theatrical performances, exhibition, film screenings, radio and television watching, reading services, art training, and cultural activities for the public's support and help.

Countries operating units are encouraged to provide free or concessionary public cultural products and cultural activities.

30th article primary comprehensive cultural service center should strengthen the resources, establish a sound network of public cultural services, integration of services and functions into full play, providing books to the public reading, television viewing, drama performances, legal literacy, art, universal, popular science, radio broadcast, Internet and mass cultural and sports activities such as public cultural services, and according to its function, in line with local conditions to provide other public services.

31st public cultural facilities should be in accordance with its functions and features, in accordance with the relevant provisions of the State, open to the public for free or preferential.

Public cultural facility opening fee, should be regular monthly open to primary and middle school students for free.
Open public cultural facilities or providing services such as training fees, shall be approved by the relevant departments of the people's Governments above the county level; fees collected should be used for the maintenance, management and development of public cultural facilities and shall not be appropriated for other purposes.

Public cultural facilities management unit should be public services and opening hours of temporary closed, shall be announced in time.

32nd State to encourage and support agencies, schools, enterprises, institutions, cultural and sports facilities open to the public.

33rd national plan of public digital culture, building standards, interconnection network of public cultural services, construction of public cultural information repositories implement grass-roots network service sharing.

Countries support the development of digital cultural products, promoting the use of broadband Internet, mobile Internet, radio and television networks and satellite networks to provide public cultural services.

Local people's Governments at various levels shall strengthen grass-roots of digitization and network construction of public cultural facilities, improve the ability of digital and network services.

Article 34th local people's Governments at various levels shall take various ways tailored mobile services.

35th National focus on rural areas, books, newspapers, theatre, film, radio and television, Web content, festivals, sports events and other public cultural products, promoting a culture of public service equalization.

Rural-oriented books, newspapers, films and other public cultural goods shall conform to the characteristics and needs in rural areas, improve the relevance and timeliness.

Article 36th local people's Governments at all levels should be based on the situation on the ground, on turnover rate of the larger public spaces, workers are primarily regional and left-behind women and children is concentrated in rural areas, equipped with the necessary facilities, take a variety of forms, facilitation of public cultural services.

37th state encourages citizens to participate in public cultural service, independent implementation of healthy mass cultural and sports activities, local people's Governments at all levels should provide necessary guidance, support and help.

Residents ' and villagers ' committees should be based on community needs develop mass cultural and sports activities, and to assist the relevant departments of the local people's Government develop public cultural services related work.

State organs, public organizations, enterprises and institutions shall, with its own characteristics and needs, the organization sponsors mass cultural and sports activities, enrich the cultural life of workers.

Article 38th of local people's Governments at various levels shall strengthen student-oriented public cultural services, support characteristics of students in schools for cultural and sports activities, promoting the intellectual, moral and physical education.

39th construction of local people's Governments at all levels should support the military grass-roots culture, rich cultural and sports activities of the camp, strengthening civil-military culture.

40th national minority language culture product supply and enhance outstanding national language dubbing in public cultural products and its spread in ethnic minority areas, and encourage and support the creation of cultural products, support of mass cultural and sports activities with ethnic characteristics. 41st State Council and provinces, autonomous regions and municipalities in the Government purchase of public cultural services guide and directory.

Relevant departments of the State and the local people's Governments at or above the county level should according to the Guide and directory, with the actual situation, identifying concrete projects and to purchase content, announced to the public in a timely manner.

42nd State encouragement and support by citizens, legal persons and other organizations to set up entities, financing projects, sponsorship of activities, facilities, donated products, such as, in the provision of public cultural services.

43rd State shall promote and encourage citizens, legal persons and other organizations involved in cultural voluntary service.

Public cultural facilities management unit shall establish a culture of volunteer service, organize cultural voluntary service activities.

Relevant departments of the local people's Governments at or above the county level cultural volunteering should be given the necessary guidance and support, and evaluation, education and training and to encourage security management mechanisms.

44th no organization or individual may make use of the public cultural facilities, cultural product, cultural activities, and other related services, carried out to endanger national security, harm the public interest and other violations of the laws and regulations of the event.

Fourth chapter safeguards 45th State Council and local people's Governments at all levels should be based on public cultural service powers and expenditure responsibilities, budget funds into public cultural services, arranging funds to public cultural services.

46th State Council and people's Governments of provinces, autonomous regions and municipalities should increase investment through transfer payments or in other ways, focusing on helping old revolutionary base areas, ethnic regions, border areas and poverty-stricken areas develop public cultural services.

The State encourages and supports economic developed area on the old revolutionary base areas, ethnic regions, border areas and poverty-stricken areas of public cultural services to provide assistance.

47th free or preferential opening of the public cultural facilities, in accordance with the regulations of the State benefits.

48th State shall encourage social capital into public cultural services, broaden the sources of public cultural services.

49th State to take measures such as the purchase of services in support of citizens, legal persons and other organizations involved in the provision of public services.

50th by citizens, legal persons and other organizations in social groups or people's Government above the county level and their departments, donated the property to the public cultural service, to enjoy tax breaks.

Encouraged through donations and other means to establish public cultural services fund dedicated to public cultural services.

51st public cultural facilities of local people's Governments at various levels shall, in accordance with article features, tasks, and services population size, setting positions of public cultural services, equipped with the appropriate professionals.

52nd State shall encourage and support cultural professionals, college graduates and volunteers to work in grass-roots public cultural services.

53rd State shall encourage and support citizens, legal persons or other organizations established according to law social organization in the areas of public cultural services, promote a culture of public service and professional development.

54th State supports theoretical research of public cultural services, strengthen the multi-level professional education and training. 55th people's Governments above the county level shall establish and improve public cultural services capital oversight and statistical bulletin system, to strengthen performance evaluation to ensure that funds for public cultural services.

No unit or individual shall embezzle funds of public cultural services.

Audit Department shall strengthen the audit supervision of public cultural services.

56th Governments at all levels should strengthen supervision and inspection of public cultural services, set up reflecting the cultural needs of the public consultation feedback system and public participation in the evaluation of public cultural service system, and the evaluation results as a basis for determining the subsidies or incentives.

57th Governments at all levels and relevant departments should be timely and open information of public cultural services, take the initiative to accept supervision.

News media should actively carry out coverage of public cultural services, and strengthen supervision by public opinion.

58th fifth chapter legal liability for breach of the provisions of this law, the local people's Governments and relevant departments of the people's Governments above the county level shall not discharge the responsibilities of public cultural services, by their superior or the supervision authority a rectification are serious, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions.

59th article violation this method provides, place levels Government and County above Government about sector, has following behavior one of of, by its superior organ or monitored organ ordered deadline corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition: (a) occupation, and misappropriated public culture service funds of; (ii) unauthorized demolition, and occupation, and misappropriated public culture facilities, or change its function, and uses, or hamper its normal run of;

(C) in accordance with the provisions of this law, the re-establishment of public cultural facilities and (iv) abuse of power, dereliction of duty or engages in.

60th in violation of the provisions of this law, occupation of land for construction of public cultural facilities or altering its use, by the local people's Governments at or above the county level authorities, urban planning departments in accordance with their respective responsibilities rectification; it fails, by a decision according to law enforcement, or to apply to a court for mandatory enforcement according to law.

61st article violation this method provides, public culture facilities management units has following case one of of, by its competent sector ordered deadline corrected; caused serious consequences of, on directly is responsible for of competent personnel and other directly responsibility personnel, law give disposition: (a) not according to provides on public open of; (ii) not publicity service project, and open time, matters of; (three) not established security management system of; (four) for management poor caused loss of. 62nd article violation this method provides, public culture facilities management units has following behavior one of of, by its competent sector or price competent sector ordered deadline corrected, confiscated illegal proceeds, illegal proceeds 5,000 yuan above of, and at illegal proceeds twice times above five times times following fine; no illegal proceeds or illegal proceeds 5,000 yuan following of, can at 10,000 yuan following of fine; on directly is responsible for of competent personnel and other directly responsibility personnel, law give disposition: (a) carried out and public culture facilities function, and

Inconsistent use of service activities, and (ii) shall be free of charges for public cultural facilities or hidden costs, (iii) fees are not used to public cultural facilities, maintenance, management and career development, and for other purposes.

63rd in violation of the provisions of this law and infringes civil rights and bear civil liabilities according to law; activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

Sixth chapter supplementary articles article 64th foreign natural persons, legal persons and other organizations engaged in public cultural services in China, shall comply with the provisions of relevant laws and administrative regulations.

65th this law shall come into force on March 1, 2017. (Xinhua News Agency, Beijing, December 25, 2016)

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