艺术法与立法程序的公正

The Law of Art and the Justice of Artistic Legislation Procedure

“艺术要立法”是我在《艺术领域的法律态度》中的一次呼吁,因为在艺术领域,我们看不到法律而只看到行政文件,甚至有些文件都是以内部文件为由拒绝对外公开并只提供给艺术机构内部掌握和遵守的,这种内部文件意味着既没有政府与艺术机构的分离,也没有以法律为中介的司法审理。

“Art needs legislation”-It is understood that the art legislation needs to be built on justice by procedure,and the key to do that is to rely on commissi on-made legislati on and not on department-made legislati on so as to guarantee the equality between obligations and rights.Nowadays,as the art field becomes more and more open,it should be legally free.With this premises,creativity can never be restricted.This way law will also never be able to forbid art but will on the contrary protect it.In a word,“How can art be protected by law?”turns out to be the a better principle than“Art needs legislation.”Yet this principle cannot survive whe n it is con trolled by department-made legislation.