Research On The Legal System Of Protecting Intangible Cultural Heritage Inheritors

The protection of intangible cultural heritage inheritors is the basis for inheriting and continuing intangible cultural heritage.In recent years,China has stepped up the protection of inheritors of intangible cultural heritage.In order to effectively solve the problems emerging in the practice of protecting inheritors of intangible cultural heritage,field investigation on the protection of inheritors of intangible cultural heritage in Guangxi is taken as the starting point to dig out the difficulties in the protection of inheritors of intangible cultural heritage.Some aspects,including limitation of legislative system for the protection of intangible cultural heritage inheritors in China,the imperfect identification system of the intangible cultural heritage inheritance people,the absence of right to guarantee the identity and property of non-material cultural heritage inheritance people during inheritance and development,the incompleteness of intellectual property rights protection system for intangible cultural heritage inheritors innovative use etc.,have highlighted the limitation of the legal protection system of the non-material cultural heritage inheritance people.By sorting out the legitimacy of protecting the rights of the inheritors of intangible cultural heritage and constructing the right system of the inheritors of intangible cultural heritage based on the dichotomy,this paper proofs the rationality of development rights theory of the inheritors of intangible cultural heritage.By perfecting the legislative design of protection of non-material cultural heritage people,optimizing intangible cultural heritage representative inheritance people identify regulation,building the development rights of non-material cultural heritage inheritors,and improving the non-material cultural heritage people of intellectual property protection system etc.,the paper puts forward suggestions on consummating the non-material cultural heritage inheritance protection legal system in China.Apart from introduction and conclusion,the framework of this research is divided into six parts:The first part is legal definition and types of intangible cultural heritage inheritors.Through making the legal definition of intangible cultural heritage and intangible cultural heritage inheritors,the scope of protection of intangible cultural heritage inheritors is clearly defined.It defines the types of inheritors of intangible cultural heritage and defines the scope of the rights subjects of the inheritors of intangible cultural heritage.The second part has taken an empirical analysis of the protection of intangible cultural heritage inheritors.Through conducting field investigation on the protection of intangible cultural heritage inheritors in Fangchenggang city,Baise City,Chongzuo City,Guilin City,Hechi City and other places in Guangxi,an experience is summarized on the basis of sorting out the problems.The third part focuses on the limitation of the legal protection system of intangible cultural heritage inheritor in China.This part sorts out the limitations of the legal protection system for inheritors of intangible cultural heritage in China through the following aspects:limitation of legislative system for the protection of intangible cultural heritage inheritors,the imperfect identification system of the intangible cultural heritage inheritance people,the absence of right to guarantee the identity and property of non-material cultural heritage inheritance people during inheritance and development,the incompleteness of intellectual property rights protection system for intangible cultural heritage inheritors' innovative use etc..The forth part is about the legitimacy of protecting rights of inheritors of intangible cultural heritage.Based on the need to safeguard national interests and balance interest relationship,it is proposed to lay the realistic basis for legal protection of the rights of inheritors of intangible cultural heritage.With the theory of personality,theory of justice,theory of property and labor,and theory of cultural diversity,this paper analyzes the necessity of protecting the rights of the inheritors of intangible cultural heritage and constructs the system of the rights of the inheritors of intangible cultural heritage which based on the dichotomy.The fifth part puts forward the theory of the development rights of intangible cultural heritage inheritors.This paper discusses the necessity of establishing the development rights of intangible cultural heritage inheritors from the aspects of promoting their own development,regulating the exercise of the rights of intangible cultural heritage inheritors and realizing the balance of the rights of intangible cultural heritage inheritors.In the view of law,this paper analyzes the development rights of intangible cultural heritage inheritors from two aspects:the definition of the development rights of intangible cultural heritage inheritors and the private right attributes of the development rights of intangible cultural heritage inheritors.The content of the development right of intangible cultural heritage inheritors is sorted out from two aspects:the identity rights of intangible cultural heritage inheritors and the property rights of intangible cultural heritage inheritors.The sixth part gives suggestions on improving the legal system of protecting intangible cultural heritage inheritors in China.Suggestions are put forward in terms of improving the legislative design of the protection law for intangible cultural heritage inheritors in China,optimizing the identification regulation for representative inheritors of intangible cultural heritage,building the legislative system of non-material cultural heritage inheritance person development rights and improving the intellectual property protection system for inheritors of intangible cultural heritage.