文化产业发展中的反垄断法制建设新问题

New Problems of Anti-monopoly Law Arising from the Development of Cultural Industry

文化体制改革深入把文化产业市场化发展的有关问题推到了法学研究的前沿,特别是对与市场经济紧密联系的竞争法提出了新的课题。文化产业有区别于其他一般经济领域的特殊性,西方国家的立法经验和法律实践表明文化产业的市场化经营必须依靠竞争法调整和保障。发展文化产业给反垄断法制建设提出了新要求,正在制定中的我国反垄断法应就与文化产业发展有关的竞争问题作出相应的规定,为文化产业的市场化改革和发展提供法律保障。

Along with carrying out of the reform of the cultural system, problems concerning the development of cultural markets are attracting more and more attention, among which the most important one is the newly-arising problem related to competition law that is intimately linked with market economy. Cultural industry has its peculiarity that differs itself from other economies. Legislative experience and legal practice in western countries testify that a marketable operation of cultural industry must rely on the regulation and protection of competition law. Developing cultural industry puts forth a new requirement for the establishment of the anti-monopoly legal regime. The Anti-monopoly Act of the PRC that is under drafting should lay down provisions concerning competition about the development of cultural industry so as to afford legal protection for the market-oriented reform and development of cultural industry.