Study On Safeguarding Of Intangible Cultural Heritage By Law

Since 1980s, protection of intangible culture heritage has gradually attracted more and more attention form international society. Intangible culture heritage had always been treated as common property of the whole humankind in the past, so the collection and usage both are free in a random state. With the fast development of economic globalization and informational networks, the value of Intangible culture heritage during its commercial process has been recognized by more and more people and utilized in many fields. However, benefits distribution problem stood out day by day, and there is no perfect system to solve this problem. Therefore, to construct an ideal benefit-balance mechanism which is helpful for the reasonable allocation of Intangible culture heritage has its significance.Aiming to against the problems arose by law and policy, this dissertation tries to establish implementation patterns of benefits distribution of Intangible culture heritage, combining with the characteristics of Intangible culture heritage, and basing on the analysis of related domestic and international theories and practice. How to define interest components as well as belonging and usage of intangible culture heritage, and establish a benefits distribution system of it to ensure intangible culture heritage a healthy and substantial development. There is no times to waste.This dissertation consists of introduction, main body and epilogue, with the main body being divided into four chapters.The first chapter has demonstrated the definition of intangible culture heritage at the beginning. Then specified range of intangible culture heritage through comparison between relevant concepts, and generalized characteristics of intangible culture heritage.The second chapter based on analysis of famouscases, showing answer here to the realistic question as why we should protect intangible culture heritage. Intangible culture heritage itself plays essential role in protecting international cultural diversity etc. We can guarantee legal economic interests belonging to holders of intangible culture heritage through protection of intangible culture heritage while respect their moral rights to promote conservancy of intangible culture heritage. Following these, it introduced the background of benefits distribution of intangible culture heritage.The following chapter has made some comparative studies on the topic of benefits distribution of intangible culture heritage, introduced legislation and practice of international organizations and countries as Japan, India etc. related with this area. It comes to a conclusion that there are no integral system of benefits distribution of intangible culture heritage, and proposed realistic requirements and difficulties of benefits distribution of intangible culture heritage on this basis.The last chapter mainly discusses the design of the system of benefits distribution of intangible culture heritage after analyzing the theoretical foundation of benefits distribution of intangible culture heritage by using the personality theory and balance theory.