Research On The International Legal System For The Safeguarding Of Intangible Cultural Heritage

As a summary of human practice, the Intangible Cultural Heritage encompasses following domains: the knowledge, skills, rituals, festive events, performing arts, traditional craftsmanship and so on. At the breadth respective, it includes almost all aspects of human life, and giving people a lot of life wisdom. Then the wisdom enriched by the ancestors in their lives, and heritage from generation to generation. Until now, we get a precious cultural asset from them.As an independent heritage from Natural Heritage and Cultural Heritage, Intangible Cultural Heritage has many differences which are not only reflected in the scope and the manifestation, but also reflected in the features in detail. The invisible nature and inheritance of Intangible Cultural Heritage determines its vulnerability on existence and development .Whether the lack of material carriers or Inheritors, can make the loss of Intangible Cultural Heritage. Meanwhile, with changing of the international situation, the competition between countries has evolved into a competition of comprehensive national strength from a simple economic competition. Therefore, culture becomes more and more important for the comprehensive national strength. As a key part of a country's culture, Intangible Cultural Heritage attract more and more nations'attention in the context of the competition of comprehensive national strength between countries . In addition, as the common heritage of mankind, the Intangible Cultural Heritage is not only an important part of the diversity of human culture, but also an important part of the cultural treasure of mankind. Therefore, the protection for Intangible Cultural Heritage equals to the protection for cultural treasures of mankind. It is just based on the vulnerability and valuable nature of Intangible Cultural Heritage, different countries of the world are beginning to realize the necessity and urgency of the protection for Intangible Cultural Heritage. For these reasons, human start to discuss the mode of the protection for Intangible Cultural Heritage.Currently, many countries in the world have formulated laws and regulations and practiced to protect Intangible Cultural Heritage .China is no exception. Since the founding of China, the country has made efforts for the protection for Intangible Cultural Heritage. "Intangible Cultural Heritage Law of People's Republic of China"was promulgated on February 25, 2011. So far, China has the first specifically law for Intangible Cultural Heritage. In the international community, United Nations Educational Scientific and Cultural Organization (UNESCO) and World Intellectual Property Organization (WIPO) have developed relevant treaties or conventions in the form of a separate or joint. Among these treaties and conventions, "Convention for the Safeguarding of the Intangible Cultural Heritage" adopted by UNESCO can be the best representation for protection of Intangible Cultural Heritage. The reason is the Convention gives a detailed definition on Intangible Cultural Heritage for the first time. What's more, the Convention promote all Member States to actively participate in the protection for Intangible Cultural Heritage, thus, it set off a worldwide "Intangible Cultural Heritage" movement. Unfortunately, both national laws and regulations which made by countries and global or regional international treaties mostly provide protection for Intangible Cultural Heritage by public law. Protection by public law emphasis on the functions of states or governments in the protection for Intangible Cultural Heritage .However, the Intangible Cultural Heritage offers not only cultural but also economic nature; it not only represents the public interest, also represents the personal interests. Therefore, it is also very important to protect Intangible Cultural Heritage by private law. For all modes which protect Intangible Cultural Heritage by private law, the most popular and widely applied mode is the Intellectual Property mode. But, the Intellectual Property mode still has many problems as there are many differences between Intellectual Property and Intangible Cultural Heritage. This article wish to give some useful suggestions for building independent protection regime through comparing and analyzing representative domestic laws and international regulations and treaties designed to protect for Intangible Cultural Heritage.In the first part, it introduces some basic theories about Intangible Cultural Heritage. These basic theories include following aspects: the basic concept of Intangible Cultural Heritage, comparison concepts of Intangible Cultural Heritage and related concepts, the characteristics and the nature of the Intangible Cultural Heritage, as well as the theoretical and practical significance of protection for Intangible Cultural Heritage.In the second part, it provides some legal supporting about the protection for the Intangible Cultural Heritage by the national sovereignty and international human rights.In the third part, it shows the international legal system about protection for Intangible Cultural Heritage on the national level and international level.In the fourth part ,it analysis problems of the international legal system on the protection for Intangible Cultural Heritage at basis of the third part ,and points out advantages of the international legal system. In the occasion of problems and advantages, it gives some recommendations to build a new protection system for Intangible Cultural Heritage by adopting the advantages of existing systems and combining with the characteristics of Intangible Cultural Heritage.In the last part, it describes China's protection system of the protection for Intangible Cultural Heritage, and shows the problems by combining with the international legal system. Then, some suggestions are given to protect China's Intangible Cultural Heritage.