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    详细信息

Regulations on the Administration of Publication

Chapter I General Provisions
 Article 1 These Regulations are enacted in accordance with the Constitution with a view to strengthening the administration of publishing activities, developing and prospering the socialist publishing cause with Chinese characteristics, guaranteeing the citizens to exercise the right of freedom of press in accordance with the law, and promoting the construction of socialist spiritual civilization and material civilization.
 Article 2 These Regulations shall apply to the publishing activities within the territory of the People's Republic of China. Publishing activities mentioned in these Regulations shall include the publication, print/reproduction, import and distribution of publications.
Publications mentioned in these Regulations shall mean the newspapers, periodicals, books, audio and video products and electronic publications, etc..
 Article 3 The publishing cause must adhere to the principles of serving the people and the cause of socialism, adhere to the principle of regarding Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory as the guidance, disseminate and accumulate the scientific technologies and knowledge beneficiary to the improvement of the quality of the people and to the economic development and social progress, give full scope to the fine folk culture, promote international cultural exchanges, as well as enrich and improve the spiritual lives of the people.
 Article 4 Whoever is engaged in publishing activities shall give primacy to the social effects, and combine the social effects with the economic benefits.
 Article 5 The people's government at each level shall guarantee the citizens to exercise the right of freedom of press in accordance with the law.
Any citizen must, when exercising the right of freedom of press, abide by the Constitution and laws, and must not object the basic principles determined in the Constitution or damage the interests of the State, the society or the collective, or the lawful freedoms and rights of other citizens.
 Article 6 The administrative department for publication under the State Council shall be responsible for supervising and administering the publishing activities nation-wide. Other relevant departments under the State Council shall, in accordance with the division of duties prescribed by the State Council, be responsible for supervising and administering the relevant publishing activities.
The administrative department responsible for the administration of publication (hereinafter referred to as "the administrative department for publication") under the local people's government at the county level or above shall be responsible for supervising and administering the publishing activities within its own jurisdiction. Other relevant departments under the local people's government at the county level or above shall, within the scope of their respective duties, be responsible for supervising and administering the relevant publishing activities.
 Article 7 The administrative department for publication may, when investigating the activities such as publication, printing/reproduction, import or distribution of publications, which are suspected to be illegal, on the basis of the obtained evidence about the suspect of illegality or the report of offence, inspect the articles relating to the illegal activities; and may seal up or distrain the articles which can be proved by the existing evidence to be relating to the illegal activities.
 Article 8 A social organization in the publishing industry shall, in accordance with its articles of association, practice self-disciplined management under the direction of the administrative department for publication.
 
Chapter II Establishment and Administration of Publishing Entities
 Article 9 Newspapers, periodicals, books, audio and video products, and electronic publications, etc. shall be published by publishing entities.
The term "publishing entity" as mentioned in these Regulations include newspaper offices, periodical offices, book publishing houses, audio and video product publishing houses and electronic publication publishing houses, etc..
Where a legal person publishing newspapers and periodicals establishes neither an independent newspaper office nor a periodical office, the newspaper editorial department and the periodical editorial department under such a legal person shall be regarded as publishing entities.
 Article 10 The administrative department for publication under the State Council shall formulate the programming on the total number, structure and distribution of the publishing entities nationwide, direct and coordinate the development of the publishing cause.
 Article 11 In order to establish a publishing entity, the applicant shall meet the following conditions:
 (1) having the name and articles of association of the publishing entity;
 (2) having the hosting entity and the organ in-charge which are cognized by the administrative department for publication under the State Council;
 (3) having a well-defined scope of business
 (4) having a registered capital of 300,000 Yuan or more and the fixed work premises;
 (5) having an organizational structure adapted to the needs of its scope of business and a staff of professionals in edition and publication who meet the qualification requirements prescribed by the State;
 (6) other conditions provided for in laws and administrative regulations.
The approval on the establishment of an audio and video product publishing entity shall not only be in accordance with the conditions enumerated in the preceding paragraph, but also conform to the programming of the State on the total number, structure and distribution of the publishing entities.
 Article 12 To establish a publishing entity, the hosting entity shall apply to the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality; and the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government shall, after its examination and consent, submit the application to the administrative department for publication under the State Council for examination and approval.
 Article 13 The application for the establishment of a publishing entity shall explicitly state the following:
 (1) the name and address of the publishing entity;
 (2) the name and address of the hosting entity of and the organ in-charge of the publishing entity;
 (3) the name(s), address(es) and qualification certifying documents of the legal representative or principal responsible person(s) of the publishing entity;
 (4) the sources and amount of funds of the publishing entity.
For the establishment of a newspaper office, periodical office, newspaper editorial department or periodical editorial department, the application shall explicitly state the name, publishing frequency, layout/format, and printing site of the newspaper or periodical in addition.
The application shall be attached with the articles of association of the publishing entity and the relevant attestation documents of the hosting entity that establishes the publishing entity and of the organ in-charge.
 Article 14 The administrative department for publication under the State Council shall, within 90 days as of receipt of the application for the establishing a publishing entity, make a decision on approving or disapproving the application, and the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government shall notify the hosting entity in writing; if the application is not approved, the reason thereof shall be stated.
 Article 15 A hosting entity which intends to establish a publishing entity shall, within 60 days as of receipt of the decision on approval, go through the registration procedures in the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality, and obtain the publishing license. The details of registration shall be prescribed by the administrative department for publication under the State Council.
The publishing entity shall, after the registration, go through the registration in the administrative department for industry and commerce with the publishing license, and shall obtain the business license in accordance with the law.
 Article 16 A newspaper office, periodical office, book publishing house, audio and video product publishing house or electronic publication publishing house, etc. shall meet the conditions to be a legal person. It shall be qualified as a legal person after being approved and registered, and shall independently bear the civil liability with the total property it owns.
A newspaper editorial department or periodical editorial department which is regarded as a publishing entity in accordance with Paragraph 3 of Article 9 of these Regulations shall not be qualified as a legal person, and its civil liability shall be borne by its hosting entity.
 Article 17 Where a publishing entity intends to change its name, hosting entity, organ in-charge or scope of business, to be merged or split, to publish new newspapers or periodicals, or to change the name or publishing frequency of its newspaper or periodical, it shall go through the formalities of examination and approval in accordance with Articles 12 and 13 of these Regulations, and shall go through the corresponding registration formalities in the administrative department for industry and commerce which handled the original registration.
Where the publishing entity intends to change any item other than those enumerated in the preceding paragraph, it shall, upon examination and consent by its hosting entity and its organ in-charge, apply to the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality for modification registration, and shall report to the administrative department for publication under the State Council for record before going through the modification registration procedures in the administrative department for industry and commerce which handled the original registration.
 Article 18 Where a publishing entity intends to terminate its publishing activities, it shall go through the cancellation registration procedures in the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality, and shall report to the administrative department for publication under the State Council for record before going through the cancellation registration procedures in the administrative department for industry and commerce which handled the original registration.
 ;Article 19 Where a book publishing house, audio and video product publishing house or electronic publication publishing house is not engaged in publishing activities after 180 days as of its registration, or where a newspaper office or periodical office does not publish any newspaper or periodical after 90 days as of its registration, the administrative department for publication which handled the original registration shall cancel the registration, and shall report to the administrative department for publication under the State Council for record. In case of either of the circumstances in the preceding paragraph due to force majeure or other justifiable reason, the publishing entity may apply to the administrative department for publication which handled the original registration for an extension of period.
 Article 20 The annual publication plans of a book publishing house, audio and video product publishing house or electronic publication publishing house and the key titles selected thereby in respect of national security and social stability, etc. shall be subject to the examination and verification of the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality before being submitted to the administrative department for publication under the State Council for record; the publications on the key selected titles shall not be published until they are submitted for record before publication. The specific measures shall be enacted by the administrative department for publication under the State Council.
A periodical office that intends to select key titles shall go through the formalities for record in accordance with the preceding paragraph.
 Article 21 The administrative department for publication shall strengthen the daily supervision and administration of the publishing activities by the publishing entities within its own jurisdiction.
A publishing entity shall, in accordance with the provisions of the administrative department for publication under the State Council, propose a written report on its publishing activities to the administrative department for publication.
 Article 22 A publishing entity shall not sell or transfer in any other form to any entity or individual its name, book number, serial number/publisher's code, layout, nor shall it lease its name or serial number.
 Article 23 A publishing entity shall, before distributing its publications, gratis submit a sample to the National Library of China, the Archives Library of Chinese Publications and the administrative department for publication under the State Council in accordance with the relevant provisions of the State.
 
Chapter III Publication of Publications
 Article 24 A citizen may, in accordance with these Regulations, freely express in publications his opinions and willingness towards national affairs, economic and cultural careers, and social affairs, and freely publish its achievements in respect of scientific research, literary and artistic creation and other cultural pursuits.
Lawful publications shall be protected by law, and no organization or individual may illegally disturb, impede or destroy the publication of publications.
 Article 25 A publishing entity shall apply a system of editor's responsibility, which guarantees the contents included in the publications conform to these Regulations.
 Article 26 The following contents are prohibited from being included in any publication:
 (1) Those which object the basic principles determined in the Constitution;
 (2) those which endanger the unity of the nation, sovereignty or territorial integrity;
 (3) those which divulge secrets of the State, endanger national security or damage the honor or benefits of the State;
 (4) those which incite the national hatred or discrimination, undermine the solidarity of the nations, or infringe upon national customs and habits;
 (5) those which propagate evil cults or superstition;
 (6) those which disturb the public order or destroy the public stability;
 (7) those which propagate obscenity, gambling, violence or instigate crimes;
 (8) those which insult or slander others, or infringe upon the lawful rights and interests of others;
 (9) those which endanger public ethics or the fine folk cultural traditions;
 (10) other contents prohibited by laws, administrative regulations or provisions of the State.
 Article 27 Publications catering to minors shall not include any content enticing minors to imitate the acts in violation of public ethics or illegal or criminal acts, nor shall they include such contents harming the physical and mental health of minors as terror, cruelty, etc..
 Article 28 Where the contents in a publication are not true or not just, thus infringing upon the lawful rights and interests of a citizen, of a legal person or of any other organization, the publishing entity shall make a public correction, eliminate the bad consequences, and bear other civil liabilities in accordance with the law.
Where the contents in the works published by a newspaper or a periodical are not true or not just, thus infringing upon the lawful rights and interests of a citizen, of a legal person or of any other organization, the party concerned is entitled to demand the relevant publishing entity to make a correction or plea, which the publishing entity shall publish in the recent newspaper or periodical; otherwise, the party concerned may bring a lawsuit to the people's court.
 Article 29 A publication must, in accordance with the relevant provisions of the State, explicitly state the names and addresses of the author, publisher, typographer/reproducer or distributor, the book number, serial number/publisher's code, the publication date, the publishing frequency and other relevant items.
The specifications, format, typography, binding, and proofreading, etc. of a publication must be in compliance with national standards and criteria, so as to guarantee the quality thereof.
 Article 30 No entity or individual shall forge or counterfeit the name of a publishing entity or of a newspaper or periodical to publish publications.
 Article 31 The examination and determination of textbooks for secondary and primary schools shall be handled or organized by the administrative department for education under the State Council, while their publishing, printing and distributing entities shall be determined by the administrative department for publication under the people's government at the provincial level or above, the administrative department for education jointly with the department in charge of price by means of invitation for bidding or by other open and just means; any other entity or individual shall not be engaged in the business of publishing, printing or distributing textbooks for secondary and primary schools. The specific measures and implementation stages shall be stipulated by the administrative department for publication under the State Council jointly with the administrative department for education under the State Council and the department in charge of price.
 
Chapter VII The Printing/Reproduction and the Distribution of Publications
 Article 32 An entity engaged in the business of printing/reproducing publications shall apply to the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality for examination and permission, and may not be engaged in the printing/reproduction of publications until having completed the relevant formalities in the public security organ and the administrative department for industry and commerce in accordance with the relevant provisions of the State.
Whoever has not been permitted and has gone through the relevant formalities shall neither print newspapers, periodicals or books, nor reproduce audio and video products or electronic publications.
 Article 33 A publishing entity shall not entrust an entity who has not obtained the license for printing/reproducing publications to print/reproduce publications. Where a publishing entity entrusts a printing/reproducing entity to print/reproduce publications, it must provide the relevant attestation on printing/reproducing publications, which is in compliance with the State provisions, and conclude a contract with the printing/reproducing entity in accordance with the law.
A printing/reproducing entity may not accept the entrustment of an entity or individual who is not engaged in the publication to print newspapers, periodicals or books or to reproduce audio and video products or electronic publications, nor may it print or distribute newspapers, periodicals or books or reproduce or distribute audio and video products or electronic publications without authorization.
 Article 34 A printing/reproducing entity may, upon approval by the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality, undertake the business of printing/reproducing overseas publications; provided that the printed/reproduced overseas publications be totally transported to the outside of the territory instead of being distributed inside the territory.
The contents of a publication that are printed or reproduced by a party from outside the territory shall be examined and consented by the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government. The entrusting party shall hold the written authorization by the copyright owner, and shall go through the registration in the administrative department for copyright.
 Article 35 A printing/reproducing entity shall, within 2 years as of completion of the printing/reproduction of a publication, preserve a sample of the undertaken publication for inspection.
 Article 36 A entity engaged in nationwide chain operation of newspapers, periodicals or books shall be subject to the examination and permission of the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government where its headquarters is located before being examined and approved by the administrative department for publication under the State Council, and shall thereafter obtain the business license from the administrative department for industry and commerce in accordance with the law.
A distributing entity which intends to be engaged in the business of general distribution of newspapers, periodicals or books may not do so until it has been examined and permitted by the administrative department for publication under the State Council and has obtained the business license from the administrative department for industry and commerce in accordance with the law.
A distributing entity engaged in the business of wholesaling newspapers, periodicals or books may not do so until it has been examined and permitted by the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government and has obtained the business license from the administrative department for industry and commerce in accordance with the law.
The distribution by postal enterprises of newspapers and periodicals shall be in compliance with the postal law.
 Article 37 An entity or individual engaged in the business of retailing newspapers, periodicals, or books may not be engaged in the business of retailing publications until being approved by the administrative department for publication under the people's government at the county level and having obtained the business license from the administrative department for industry and commerce in accordance with the law.
 Article 38 A publishing entity may distribute the publications published by itself, but shall not distribute the publications published by other publishing entities.
 Article 39 The State permits the establishment of Chinese-foreign joint venture enterprises, Chinese-foreign cooperative enterprises and wholly foreign-owned enterprises engaged in the business of selling books, newspapers and periodicals. The specific measures and procedures for implementation shall be stipulated by the administrative department for publication under the State Council jointly with the department in charge of foreign trade and economic cooperation under the State Council in accordance with the relevant provisions.
 Article 40 A printing/reproducing entity shall not print/reproduce the publications under any of the following circumstances, nor shall a distributing entity distribute such publications:
 (1) those which include any content prohibited by Articles 26 and 27 of these Regulations;
 (2) those which are illegally imported;
 (3) those in which the name of a publishing entity, a newspaper or a periodical is forged or counterfeited;
 (4) those in which the name of the publishing entity is not mentioned;
 (5) textbooks for secondary and primary schools which have not been examined and determined in accordance with the law;
 (6) those which infringe upon other's copyright.

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