艺术是自由性、随意性很强的活动,法律则是规范性、强制性很严的形态体系。但是,艺术需要法律(当然法律也需要艺术),艺术离不开法制,历史就是在这种极端的统一中运行的。艺术需要法制,可以从三个方面来考察:一、艺术需要法律来保护自己艺术活动的方方面面都涉及到一些权利和纷争的问题,艺术家个人的合法权益应当维护,艺术家的创作自由应当受到尊重,艺术家对自己作品的拥有权不容侵犯,各类艺术诉讼应严格按法律程序办理,国家和个人的文物、艺术珍品必须受 Art is a free and highly arbitrary activity, while law is a normative and obligatory system of forms. However, art requires law (of course, law also requires art), art is inseparable from the rule of law, and history runs in this extreme unity. Art needs the rule of law and can be examined from three perspectives. First, art needs law to protect its own art activities. All aspects of the arts involve issues of rights and disputes. The legitimate rights and interests of artists must be protected. The freedom of artistic creation of artists should be respected, The artist’s inviolability of the ownership of his work can not be violated. Various types of artistic litigation should be strictly handled according to legal procedures. National and individual cultural relics and art treasures must be subject to