Initially Discussion In The Safeguarding Of The Intangible Cultural Heritage By Law

Intangible cultural heritage is the traditional cultural expressions and cultural space which passed down from generation to generation by human and closely-related to people's life. As the cultural genes and cultural soul of one nation, to protect the intangible cultural heritage is the inevitable demand of the human rights and the diversity of world cultural that must be maintained. The intangible cultural heritage of China, which carries our national spirit, national character and national memory, is the initial of the long river of a development great splendor culture. To protect our intangible cultural heritage as the inevitable selection, is not only to protect our national first-rank culture, but also to prevent the exploitation of it.This text started from analyze the object, score and characteristic of the intangible heritage, under the two defense mechanisms: the defense mechanism in public law and the defense mechanism in private law, set up a view that the intangible cultural heritage possess the nature of intellective profit and can be copy, it's a new-style intellectual property. Here also analyze the feasibility and legal impediment of traditional intellectual property to protect the intangible cultural heritage, thus put forward to set up a particular defense mechanism to this object, this can make the cradle's group enjoy the corresponding rights, which is called the right of the intangible cultural heritage.Further more, this text analyzed the difference between the subject of rights and relevant subject of rights, and their personal rights and property rights that they enjoy. By the way, it also analyzed many restrictions of these rights, whether belong to the subject own rights or the restrictions in intelligent use and statutory license. By compare the difference of object between the intangible cultural heritage and the traditional intellectual property, we can conclude that the protection of intangible cultural heritage is unlimited duration in majority situations.Finally, this text put forward establish a all-directional, multi-layered defense mechanism, which contains the primary method of the intangible cultural heritage law, and the auxiliary method of the intellectual law and public law, add drawing up and complete supporting facilities.