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In order to further carry into effect the guiding thought of the Party and the state on the development of net-culture market, effectively implement Some Opinions of the CPC Central Committee and the State Council on Further Intensifying and Improving the Ideological and Ethical Construction of Minors (No. 8 [2004] of the CPC Central Committee), strengthen the administration of net games, regulate the business operations of net-culture market, enhance the level of originality of net games and promote the sound development of the net-culture industry, we hereby put forward the following opinions on the development and administration of net games of our country: I. THE PRESENT SITUATION AND DEVELOPMENT OBJECTIVE OF CHINA'S NET GAME MARKET (1) The net game is an interactive entertainment form realized and spread by means of information network and an industry combining networks and culture. In recent years, the net-culture market has experienced a rapid development. Business sites of internet access services such as network bars are spread throughout the country, which drives along the development of the net game market. With the rapid popularization of the internet and the access of broad band into communities and families, the net game market of our country witnessed fast development and has entered into a period of high-speed growth. It has produced a comparatively big industrial value, motivated the development of the related industries and played a positive role in promoting the development of the net economy and the entertainment industry and in enriching the culture and entertainment life of the people in the internet era. (2) The net games of our country still remain in the early stage of development with many problems that cannot be ignored, some of which are comparatively serious. They are mainly embodied as follows: there are illegal or unhealthy contents such as obscenity, eroticism, gambling, violence, superstition or illegal transaction or property accumulation by unfair means and injury on the national security. The second is that the net game products of national originality with self-owned intellectual property right cannot take the lead in the market. The third is the duplicated operational modes and monotonous product types. Those net game products featuring fight or upgrades occupy a comparatively big market share. The forth is that problems such as infringement of intellectual property rights and damage to the market order as "private server" and "game upgrade software download" are extruding. The fifth is that it has induced a series of social problems that affect the bodily and mental health of the minors who lack self-control. All these problems have injured the sound development of the net game market of our country. (3) We should guide and examine the development and administration of net games with a scientific development concept. We should not only consciously realize the existing problems of net games and adopt proper measures and intensify the supervision and control so as to make efforts to solve the existing problems and build a harmonious net-culture environment for minors and also attach importance to the positive role played by net games and the industrial value thereof, base ourselves on the future, support the development of the net game industry of national origin so as to guarantee that healthy and inspirable net game products in colorful and varied forms may occupy the main-stream status in the domestic market, that the net game products of national origin take the dominant position in the domestic market as soon as possible and enter into the international market at a proper time, that business operations in the net game market are effectively regulated, that the intellectual property right is widely respected, that the administrative legal system is basically improved and that a group of net game brands of national origin featuring Chinese style and international influence are forged. II. SUPPORTING THE SOUND DEVELOPMENT OF THE NET GAME INDUSTRY (4) We should build up an industrial supporting system. As the net game is an important part of the software industry, the development funds of the electronic information industry shall make good efforts to perform as a guiding fund of the game industry and put the focus on developing the core technologies in the research and development of net games. We should further implement and carry into effect policies concerning the software industry such as " Policies of Encouraging the Development of the Software Industry and the Integrated Circuit Industry" (Order No. 18 [2000] of the State Council) and the "Action Guidelines for Revitalizing the Software Industry" (Order No. 47 [2002] of the General Office of the State Council). We should promote the establishment of a system for fostering talents in the game industry. We should actively train the personnel in the respects of scheme, research and development and marketing management. We should advance the professional trainings of the game industry, enhance the strength of talent training by social forces and actively encourage the net game enterprises to establish schools independently or in cooperation with colleges so as to train relevant talents. (5) We should implement the project of national fine-work games. We should actively encourage, guide and support all kinds of enterprises involving in the domestic software development business, network operation business and content provision business so as to develop and popularize the net game products that carry forward the national spirit, reflect the features of the times and have their own intellectual property right so as to form a group of fine-work games that have the connotation of Chinese history and culture and that combine the national spirit and affection and that strive for the goal of taking a dominant position in the domestic market in 3 years or so and further developing and occupying the international market. (6) We should actively foster the incubations for the net game industry. In a place where the conditions for developing the cultural industry are comparatively good, we should congregate the relevant enterprises and institutions of science and research on the chain of the net game industry to establish several national exemplary bases of the digital entertainment industry by relying on the high-tech industrial parks and areas and the software industrial parks and areas. We should mainly carry out the training, research and development, industrial incubation and international cooperation of the flash game industry so as to make it an incubation of our net game industry. We should put the focus on researching and developing core technologies of net games with self-owned intellectual property right, building a component database of game software for repetitive use of our own, setting up such industrialized technical basis for the database of game software scripts and components and rigorously support the development of the medium- or small-sized enterprises. (7) We should make efforts to develop the industries relating to net games. The net games play an obvious driving role in the development of relevant industries, and we should thus promote the development of derivative products of domestic net games, including books and periodical journals, audio-video products, toys and stationeries, food, clothing, entertainment facilities, flash products, game exhibitions, etc. By way of developing game derivative products in a comprehensive manner, and enlarging and increasing the scale of the net game industry of our country, we may actually form a mechanism of favorable cycle for the reproduction of the net game industry of our country. III. REGULATING THE MARKET ORDER OF THE NET GAME MARKET (8) We should be rigorous with the market access and intensify the supervision and control of the content. The Ministry of Culture shall carry out the examination and approval of operational entities of internet culture such as net games in a strict manner, and elevate the threshold of market access. An operational entity of internet culture that applies for engaging in the business of net games shall, besides meeting the relevant provisions, have a registered capital of more than 10, 000, 000 yuan. Where any entity unlawfully engages in business activities such as net games by means of the internet without the approval of the Ministry of Culture, it shall be revoked according to law. The content of net game products shall comply with the provisions of the Constitution and the relevant laws and regulations of our country so as to carry forward the excellent national culture, positively advocate the national, scientific and popularized advanced cultural products with Chinese characteristics, national style and features of the times. Any net game product having contents such as obscenity, eroticism, gambling, violence, superstition and illegal transaction or property accumulation or that may injure the national security is strictly prohibited from production or spread in the domestic market. As for any net game product with any illegal or rule-breaking content, the relevant violator shall be punished according to Article 24 of the Interim Provisions on the Administration of Internet Culture; in the case of serious circumstances in violation of the Measures for the Administration of Internet Information Services, it shall be transferred to the organ of public security for investigation and punishment; where a crime is constituted, the violator shall be subject to criminal liabilities. (9) We should intensify the administration of the import of net game products. We should strictly apply the examination system of the content of net game products, introduce the excellent net game products all over the world with discrimination and prevent the invasion of any net game product that fails to comply with the situation of our country or has any unhealthy content from abroad. The business operation of import shall be undertaken by an operational entity of internet culture approved by the Ministry of Culture. The net game products imported shall be subject to the content examination of the Ministry of Culture. No entity or individual may unlawfully import, spread or circulate any net game product that hasn't been approved by the Ministry of Culture for import. Those net game products that haven't gone through the examination of the Ministry of Culture or haven't been registered for archival filing according to the Measures for the Administration of Software Products shall not be operated in the domestic market and shall not be an game in net game competitions such as electronic sports. As for any unlawful spread or import of net game products, the relevant server provider shall be subject to investigation and punishment by the Ministry of Culture, and the administrative department of telecommunications shall, in light of the determination and punishment opinions provided by the Ministry of Culture, give punishments to the relevant websites according to the administrative provisions on internet management. (10) We should intensify the crack-down on irregularities such as "private server" or "game upgrade software download". Any "private server" or "game upgrade software download" that is classified to the irregularity that anyone unlawfully undertakes net game business without a license by means of network shall be revoked according to the Measures for Investigating into and Punishing Unlicensed Business Operations. We should intensify the supervision and control of net bars and revoke any "private server" or "game upgrade software download". The administrative department of telecommunications shall, according to relevant information such as the written opinions of punishment recognition provided by the department of culture and the IP address of the website, carry out investigation and give punishments according to the provisions of the administrative regulations on internet management. (11) We should effectively intensify the administration of net bars and regulate the market order of net bars. We should, according to the requirements of banning irregularities, controlling the total quantity, intensifying supervision and control, improving self-discipline and innovating the mechanism, persist in the policies of focusing on rectification and regulation on the one hand and focusing the innovation and elevation on the other hand so as to fully innovate and elevate the level of the present net bar industry by the market mechanism and lead it onto a track of sound development in direction of large scale, chain operation, specific themes and building brands. We should investigate into and punish the irregularity of accepting any minor into the net bar and earnestly carry into effect the technical measures for net bar operations. (12) We should intensify the industrial self-discipline and social supervision. A net game enterprise shall undertake business operations according to law and shall, according to the relevant standards of the state, develop systematic software of identity attestation and recognition of net game products, restrict the net games and the time for minors and carry out technical innovation on the game rules that induce any possible addiction of net games. In particular, the net game of PK upgrade (upgraded by PK) shall be logged in by the identity card number and adopt the real name game rules and no minor may log in for the game. We should positively give full play to the exemplary and leading role of those lawfully operating entities of network culture with good credit in the net game market, guide public voice such as news media to intensify positive publicity and improve the industrial image. We should establish and improve the industrial associations, strengthen industrial self-discipline and services and regulate the competition of enterprises. (13) All regions shall make reasonable guidance, intensify the administration and, in combination with the local actual situations, adopt effective measures to promote the development of the net game industry of national origin so as to build a favorable net-culture environment for a harmonious society. |
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