"Protection Of The Intangible Cultural Heritage Convention" In The Application Of States Parties And China's Obligation

Speeds up,the science and technology swift development time in the global economic integration process,maintains the human culture the multiplicity,maintains national or nationality's individuality is day by day important,has become a domestic and foreign universal attention hot topic to the non-material cultural heritage's protection.in 2003 the United Nations Educational,Scientific and Cultural Organization passed "Has protected Non-Material Cultural heritage Joint pledge"(hereafter refers to as "Joint pledge"),our country also officially joined this "Joint pledge" in 2004.Under this background,this article bases on our country's reality, "Joint pledge" the core system in accordance to has carried on the beneficial discussion in various signatory states' being suitable and our country,by the time to our country's legislation,the law enforcement and the judicial practice has the suggestion.This article mainly divides into four parts:First,introduced the non-material cultural heritage's concept and the characteristic,stressed protects the non-material cultural heritage the necessity,analyzed our country to protect the non-material cultural heritage international and the domestic legal origin;Second,introduced "Joint pledge" appears the situation and the background,summarize "Joint pledge" core system; Third,based on various countries in some countries in the rescue, protected the humanity oral to make the massive benefi cial attempts with the non-material cultural heritage aspect,they had the very good experience and the method use for reference for our country, therefore take countries and so on Japan,South Korea and France as the example,discussed shallowly it to "Joint pledge" being suitable and inspired;Fourth,in accordance to launches the analysis on our country, greets "Joint pledge" the challenge which proposed to our country law, seeks for our country with it existence legal system disparity,the author thought that our country should formulate one as soon as possible "Non-Material Cultural heritage Protection method" and "Joint pledge" carries on docking,undertakes our country should the completely international obligations.