出版管理条例 REGULATIONS ON PUBLICATION ADMINISTRATION

Central Government. Trustors should possess authorization of the copyright owner and register at the department of copyright administration for the record.

　　Article 34 The printing or duplicating unit shall， within one year starting from the date of completion of the printing or

duplication of the publication， keep one sample copy of the printed or duplicated publication for reference.

　　Article 35 Distribution units engaging in general distribution business of newspapers， periodicals and books shall， with the permission granted upon examination and verification by the department of publication administration under the State Council， obtain business licenses in accordance with law from the department of industry and commerce administration before they can operate the general distribution business of newspapers， periodicals and books.

　　Distribution units engaging in wholesale business of newspapers， periodicals and books shall， with the permission granted upon examination and verification by the departments of administration concerned prescribed by the people's governments of provinces， autonomous regions and municipalities directly under the Central Government， obtain business licenses in accordance with law from the department of industry and commerce administration before they can operate the wholesale business of newspapers， periodicals and books.

　　Distribution of newspapers and periodicals by postal enterprises shall be processed in accordance with the provisions of the Postal Law.

　　Article 36 Units and individuals engaging in retail business of newspapers， periodicals and books shall， with the approval of the departments of administration concerned of the people's governments at the county level prescribed by the people's governments of provinces， autonomous regions and municipalities directly under the Central Government， obtain business licenses in accordance with law from the department of industry and commerce administration before they can run the retail business of publications.

　　Article 37 A publication unit may distribute its own publications， but shall not distribute the publications published by other publication units.

　　Article 38 Printing or duplicating units and distribution units shall not print or duplicate and distribute publications having any of the following circumstances：

　　（1） those containing the contents banned under Articles 25 and 26 of these Regulations；

　　（2） those which have been illegally imported；

　　（3） those with forged or imitated names of publication units or with forged or imitated names of newspapers and periodicals；

　　（4） those bearing no names of publication units；

　　（5） middle school and primary school textbooks without examination and finalization in accordance with law； and

　　（6） those which infringe on others' copyrights.

　　Chapter V Safeguards and Rewards

　　Article 39 The State formulates relevant policies to safeguard and promote the development and prosperity of the publication industry.

　　Article 40 The State supports and encourages the publication of the following major excellent publications：

　　（1） those having a major role in dwelling on and disseminating the fundamental principles determined by the Constitution；

　　（2） those which are of significance in conducting education on patriotism， collectivism and socialism and in developing and making the best possible use of social ethics， professional ethics and family ethics；

　　（3） those making great contributions in developing and making the best possible use of fine national culture and in timely reflecting latest achievements in science， technology and culture at home and abroad； and

　　（4） those having important ideological values， scientific values or cultural and artistic values.

　　Article 41 The State safeguards the publication and distribution of textbooks.

　　The State supports the publication and distribution of publications in the languages of minority nationalities and publications in braille.

　　The State implements preferential policies in the distribution of publications in minority nationality regions， frontier r

egions， economically under-developed regions and rural areas.

　　Article 42 For newspapers and periodicals handed over to postal enterprises for distribution， the postal enterprises should ensure their timely， precise and correct distribution.

　　Transport enterprises undertaking the shipment of publications should facilitate the transport of publications.

　　Article 43 The State gives rewards to units and individuals having made important contributions in promoting the development and prosperity of the publication industry.

　　Article 44 All people's governments at the county level and above and their relevant departments should take timely measures to stop the illegal acts of interference， obstruction and disruption in the publication， printing or duplication of publications.

　　Chapter VI Legal Responsibility

　　Article 45 Establishment of publication units without approval and authorization or running the business of publication， printing or duplication and distribution of publications without authorization shall be banned， their publications， major special tools and equipment for the illegal activities and illegal income shall be confiscated， and a fine of more than two times and less than ten times of the illegal income shall be imposed； where an offence constitutes a crime， criminal responsibility shall be investigated according to law.

　　Article 46 Those engaging in business operations of publishing， printing or duplicating and distribution commit any of the following acts， the publications and illegal income shall be confiscated and a fine of more than three times and less than ten times of the illegal income shall be imposed； where the circumstances are serious， a directive for suspension of business operations and consolidation shall be issued or license revoked； where an offence constitutes a crime， criminal responsibility shall be investigated according to law：

　　（1）publication of publications containing the contents banned under Articles 25 and 26 of these Regulations；

　　（2）sale and lease or transfer in other forms of the name of the publication unit， book number（s）， publication number（s）and copy numbers to another person while being clearly aware of the fact that he or she is involved in publishing publications containing contents banned under Articles 25 and 26 of these Regulations；

　　（3）forgery and imitation of names of newspapers and periodicals in the publication of publications containing contents banned under Articles 25 and 26 of these Regulations；

　　（4）printing or duplicating and distributing publications while being clearly aware of the fact that they contain contents banned under Articles 25 and 26 of these Regulations； and

　　（5）printing or duplicating and distributing external publications while being clearly aware of the fact that they contain contents banned under Articles 25 and 26 of these Regulations.

　　Article 47 Those who pirate print and pirate duplicate publications， the publications and illegal income shall be confiscated and a fine of more than three times and less than ten times of the illegal income shall be imposed； where the circumstances are serious， a directive for suspension of business operations and consolidation shall be issued or license revoked； where an offence constitutes a crime， criminal responsibility shall be investigated according to law.

　　Article 48 For sale， lease or transfer in other forms of its name， book number（s）， publication number and copy number by a publication unit， the illegal income obtained therefrom shall be confiscated， and a fine of more than two times and less than five times of the illegal income shall be imposed； where the circumstances are serious， a directive for suspension of business operations and consolidation shall be issued or license revoked.

　　Article 49 Forgery and imitation of names of publication units or those of newspapers

and periodicals in the publication of publications shall be banned， and the publications and illegal income therefrom confiscated， and a fine of more than three times and less than five times of the illegal income shall be imposed； those who infringe on the lawful rights and interests of other publication units shall bear civil responsibility.

　　Article 50 Printing or duplicating publications by printing or duplicating units without going through lawful formalities for printing or duplication， distribution by distribution units and individuals of publications without bearing the names of publication units or of middle school and primary school textbooks without examination and finalization according to law， the publications and the illegal income obtained therefrom shall be confiscated， and a fine of less than five times of the illegal income shall be imposed； where the circumstances are serious， a directive for suspension of business operations and consolidation shall be issued or license revoked.

　　Article 51 Those who， in violation of the provisions of these Regulations， print or duplicate and distribute external publications， the publications and the illegal income obtained therefrom shall be confiscated， and a fine of more than two times and less than five times of the illegal income shall be imposed； where the circumstances are serious， a directive for suspension of business operations and consolidation shall be issued or license revoked.

　　Article 52 Administrative penalties for illeg

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