A Study On Legal Protection Of The Intangible Culture Heritage

The intangible culture heritage is also named as immaterial culture heritage.With rapid socio-economic development,the strategic role as sofe power of the state becomes more and more obvious.China is full of intangible culture heritage,facing the problems of how to protect intangible culture heritage.The thesis starts from the concept of intangible culture heritage,anlyazes the characters,distinguishes different classes of object and subject of rights.The thesis advances to use private law to makeup the problems the public law protection brings in.Taking the intellectual prperty as mode,the thesis discusses using intellectual prperty to protect intangible culture heritage,as well as how to practise it.From the lagal point,taking advatage of financing fuction of intangible culture heritage is a feasible way to protect and develop intangible culture heritage.This paper includes four chapters besides the preface and conclusion.Chapter 1 introduces the concept and characters of intangible culture heritage, states the process of concept development and general protection from Chinese government.Chapter 2 is about the content of intangible culture heritage.There are five types of object according to the definition of UNESCO.The thesis divides the subject of the rights into three classes.The content of the rights is consist of personal right and prperty right.Chapter 3 anlyses the mode of legal protection of intangible culture heritage.The protection of public law is main way,which has some disadvantages.The thesis intends to extend the protection by private law from the leagl point and discusses protection from intellectual property sepcifically.Chapter 4 makes suggestions on domestic intangible culture heritage protection. The thesis suggests taking advantage of financing function to solve the capital short of intangible culture heritage protection and strengthening system support of intangible culture heritage.