Research On Legal Protection Of Intangible Cultural Heritage In China

Nowadays,with the booming scientific technology and integrative world economy,it is more and more important to protect the variety of human civilization and each nation's culture. Protecting intangible cultural heritage has become an international focus. Because of the transition of the folk culture's existent environments (natural and social),especially the fast modernization process,floating population,and the popularization of media,the methods by which people obtain information especially the entertainment information are different from the ways before. The verbal folk culture and folk craftsman are becoming less and less. Our nation is facing serious threat that the traditional intangible cultural heritage may be forgotten and vanish someday. This paper which is based on our nation's condition,cites other nation's experience of protecting intangible cultural heritage,discusses feasible legal methods to protect our abundant intangible cultural heritage effectively,and puts forward some suggestion to the relative legislation,execution and judicature.This paper has four parts except the introduction and conclusion.The first chapter starts with probing into the concept of intangible cultural heritage,introduces that it is made up of three elements: cultural trait,human right and nonmaterial character. It analyses its natural attributes and legal attributes. Specific ethnic groups,regional groups and individuals to their family heritage by the non-material cultural heritage of the rights enjoyed .This chapter also reveals that to protect intangible cultural heritage will make great contribution to maintain cultural variety,realize continuable development and build harmonious society.The second chapter introduces some successful practice of protecting intangible cultural heritage in Japan,Italy,and some developing countries,If Japan: before and after the promulgation of the three major laws,especially the most important thing is the "Law for the Protection of Cultural Properties",in international law for the first time in the form of the provisions of the scope of intangible cultural heritage. Italy: is the world's first use of intellectual property laws to protect domestic national folk culture,the protection of the most important features is a nongovernmental literature enjoy copyright protection indefinitely.and shows our history,actuality and recent achievement of protecting intangible cultural heritage. Such as: determining the protection of Yunnan and Taiwan pilot,project of the non-material cultural heritage network and the opening of the nation Games will be held,and so on.The third chapter analyses the main problems existing in our protecting intangible cultural heritage. One is intangible cultural heritage legislation to protect the lack of scientific proof model,in particular legal mode selection.Two is the mode of legislation lacks scientific evidence. Regarding to the selection of legal mode,there are many problems in the management system,like inconsistent of the classification of the intangible cultural heritage,uncertainty of management scope , and lack of stimulation and preservation of the successors.Three is economic development and cultural development of the conflict,for the pursuit of economic interests of the maximal deviation from the original ecology of non-material cultural heritage , and leads to irreversible loss.Four is Relevant legal construction has remained relatively stagnant.The fourth chapter discusses how to build nonmaterial protection system. First,by raising the nation's awareness and improve non-material cultural heritage education memory; Second,in the Legislative Council,the right of the main types of legal remedies as well as a new kind of civil rights,including the right content. Third,the scientific management,judicial and administrative authorities at various levels in accordance with the law and non-material cultural heritage management,and other non-material cultural heritage of the building of the legal system.Fourth,to seek judicial relief effective channel through which the rights of non-material cultural heritage truly protect.