Page 163 - Journal of Library Science in China, Vol.45, 2019

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162 Journal of Library Science in China, Vol.11, 2019

the methods by establishing a mechanism to evaluate the undertakers in accordance with the
contract, preventing the administrative management of governments, and controlling the excessive
profit-seeking tendency of cultural enterprises or social organizations.

The reflection on the enforcement of public culture law in China: Centered on
the Security Legislation of Public Cultural Service and the Public Library Law

〇a ∗
LIN Hua & CHU Tianshu
The implementation of public cultural law is an important part of promoting rule of law in the field
of culture and promoting the development and prosperity of public culture. In order to reveal the
current situation and problems of the implementation of the public cultural law in China and to
promote the future improvement of the implementation of the public cultural law, this paper makes
a preliminary study and reflection on the implementation of the public cultural law in China by
using text analysis, empirical research analysis, historical analysis and other methods. The study
reveals that in the legal system of public culture including the law on the Security Legislation of
Public Cultural Service and the Public Library Law, the subjects of legal obligations are divided
into agencies, public cultural facilities management units (including public libraries, museums,
etc.), and other organizations and individuals. Different legal entities have different legal
obligations. Other organizations and individuals bear negative obligations. Public cultural facilities
management units are responsible for specific payment obligations, while agencies are responsible
for abstract payment obligations.
The traditional cultural law implementation approach (the cultural law enforcement model) is
based on the deterrence theory and applies to the private subjects in the field of cultural market.
From the perspective of its generation and structure, this model has strong normativeness,
pertinence and limitations. The implementation of cultural market law with legal autonomy as the
basic concept cannot fully match the characteristics of public culture law, so it needs to reflect
the implementation of public culture law. The agencies and public cultural facilities management
units in the public cultural legal system are all public power departments that undertake public
services and have public functions. The traditional cultural law enforcement mode for private
subjects cannot be applied or not applicable. Other organizations and individuals in public
cultural legal systems cannot directly apply cultural enforcement models for cultural market.
Therefore, on the one hand, agencies and public cultural facilities management units in the
field of public cultural law still lack effective legal enforcement mechanisms, and there is no
effective means of governance for their illegal activities; on the other hand, the illegal behavior
of other organizations and individuals in the field of public cultural law can not be applied to

* Correspondence should be addressed to LIN Hua, Email: linhua0604@163.com, ORCID: 0000-0001-6269-5969