民办图书馆立法问题研究

Research on the Legislation of Private Library

《公共图书馆法》的颁布使得社会力量兴办民办图书馆不但成为可能,而且具有了合法性。民办图书馆的设立对保障公民文化基本权,促进公共图书馆事业的永续发展起到了非常重要的作用。但《公共图书馆法》对民办图书馆的规范力度不够,针对性不强,难以有效规范和促进民办图书馆的发展,因此,应该修改《公共图书馆法》,增加对民办图书馆遵循的基本原则,设立的主体、条件与程序,运行机制,扶持与保障,监督检查和退出与接管等内容的规范,以冀为我国民办图书馆的永续发展奠定法律基础。

The promulgation of the Public Library Law not only makes it possible for social forces to establish private libraries, but also legitimizes the latter. The establishment of private libraries has played a very important role in safeguarding the basic rights of citizens and promoting the sustainable development of the public library cause. However, the Public Library Law is not strong enough to regulate private libraries, and it is not specifically targeting at private library, making it difficult to effectively regulate and promote the development of private libraries. Therefore, Public Library Law should be amended to make a careful regulation on the basic principles, the main body, conditions and procedures, operation mechanism, support and guarantee, supervision and inspection, withdrawal and takeover of private libraries, so as to lay a legal foundation for the sustainable development of private libraries in China.