最近党的十七届六中全会作出了关于文化建设的决定,将法治国家基本原理融汇进了文化建设的科学纲领之中,高度重视为文化建设提供优良的制度环境,强调了文化建设的社会性与人民性。文化生产作为一种特别形式的社会生产,其发展离不开法治保障,而法治本身在促进文化发展的同时也会得到文化的滋养,并构成文化体系的重要内容。文化的法治需求根源于改革开放以来社会文化生态的变迁。在改革开放之前,适应于计划经济体制的文化系统,对新中国发展初期的社会团结与基本建设作出了贡献,但也逐渐暴露出文化体制缺乏 Recently, the 6th Plenary Session of the 17th CPC Central Committee has made a decision on cultural construction, integrating the basic principles of a country under the rule of law into the scientific program of cultural construction, attaching great importance to providing an excellent institutional environment for cultural construction and emphasizing the importance of cultural construction Social and People. As a special form of social production, cultural production is inseparable from the development of the rule of law. The development of the rule of law itself, while promoting cultural development, is also nourished by culture and constitutes an important part of the cultural system. The rule of law needs of culture rooted in the social and cultural changes since the reform and opening up. Before the reform and opening up, the cultural system adapted to the planned economic system had contributed to the social solidarity and capital construction in the early days of New China, but it gradually exposed the lack of cultural institutions