Cultural Property Rights Under The Traditional Folk Culture Protection

China is a long history of thousands of years of ancient civilization, the Chinese nation created a variety of intangible cultural heritage. On the protection of intangible cultural heritage, such as the non-material cultural heritage, traditional knowledge, folklore, such as the concept of different interpretations, we will be able to these are included traditional folk culture areas. These are specific ethnic or cultural heritage of the people in the country long-term production, and life summed up by the practice of intellectual achievements and have a distinct cultural symbol, and the diversity of world culture play an active role in promoting this. But as the world of global integration and accelerate the process of China's modernization, to the self-interest of traditional folk culture increasingly worrisome situation, for the existence of cultural heritage was a cultural and ecological damage in varying degrees, many of the traditional cultural forms are replaced by a modern way of life, traditional folk cultural heritage of the people did not survive the relevant departments also need attention. What is more serious is that economic globalization to the homogeneity of the model for the development of ways to diversify a direct impact on the running track for the cultural development. At the international level, the strength of the Western economies for the developing countries to facilitate the use of the cultural resources to the needs of production of cultural goods, enabling them to the idea has been written into the relevant international treaties, the nation-state of valuable cultural resources has thus been simple classified to the "public domain knowledge" areas of its global movement in the non-binding status of a modern society with a single "modern civilization" gradually tired of those of modern civilization and distinct "cultural differences "This access to the developed Western countries, the cultural source of high profits. Therefore, traditional knowledge, genetic resources and traditional culture are increasingly being developed Western countries, the use of free and, through its technical superiority, its the arbitrary "changes" or "exaggerated" and then under these cultural resources system 10% of the trade can be a product of a culture of rigorous application of intellectual property rights protection, which will be able to open up the global market for these "intellectual property" of the exercise of property rights. Such acts will not only distort or tamper with the traditional folk culture of authenticity, but also the feelings of the people would be the source of mockery and humiliation.In recognition of traditional folk culture of intrinsic value, respect for the people's legitimate right to the source and to provide legal protection for practical ways to prevent the improper use of their third-party, as well as promote a fair and reasonable sharing of benefits arising from the use of traditional folk culture and the benefits, and so on, the relevant countries and international organizations have called on us to the protection of cultural heritage should provide effective legal measures. Although there are only a limited number of countries for the traditional folk culture provided a special legislation to protect the intellectual property system in recognition of the birthplace of their wealth of knowledge to create the right spirit and material rights, although there was not a model for the international level of consensus, but with the folk culture of the traditional value of the many highlights, birthplace of the people's rights and the enhancement of awareness of the people on the folk deepen understanding of the traditional culture, folk tradition and culture of cultural property protection issues will be more attention.This paper is such a big background in the subject to the existing intellectual achievements of mankind to legislate the protection of intellectual property law as the foundation, the analysis of traditional folk culture of the special requirements of legal protection, and more systematically put forward " cultural property rights "theory, construction through private interests and the protection of their privacy law to protect their legislative interests of the public power model, with a view to the traditional folk culture of a comprehensive protection so as to enhance people's awareness of cultural heritage protection consciously, restoring national source of traditional folk culture and its associated groups, and enhance national pride, and in the folk tradition and culture found in the further realization of the development of Cultural Diversity.