The Intangible Cultural Heritage Development And The Legal Regulation Of It

Intangible culture heritage loses the soil and social condition for its existence gradually under the environment of economic and culture globalization. The phenomenon that traditional custom is being forgotten and numerous traditional skills are dying out proves an unprecedented impact of our national culture. The losing of intangible culture heritages means the extinction of the nation's independent and characteristic; moreover, it means the extinction of world cultural diversity and the depletion of human creativity.It hampers sustainable development progress of human being seriously, so it is very important to protect the intangible culture heritage. However, in the society of market economy system, it doesn't have the possibility to maintain the independent and purity of intangible culture heritage. Therefore, protection can no longer be the simple protection. Under the background of our condition considering economic development as the central, combining the protection with economy is a wise way to promote the protection of our intangible culture heritage.In reality, intangible culture heritage doesn't fit the market system in kinds of different aspects. No matter the government, developers or intangible culture heritages holders have a misunderstanding of intangible culture heritage development, there are many problems in the process of developing intangible culture heritage. Thus, to reinforce research on the intangible culture heritage development and perfect the rules system of regulating on intangible culture heritage development are the most important things to guarantee the progress of intangible culture heritage development goes in a good way. This article first elucidates the conception and characteristics of intangible culture heritage in chapter one. The conception of intangible culture heritage is defined according to "Safeguarding of the Intangible Cultural Heritage Convention" and "State Council on strengthening the protection of intangible cultural heritage views". And the characteristics of it are mainly been elucidated in five aspects, including the characteristic of national and regional, integration, humanity, activity and economic interests. The main point of this article is to depict the hard circumstance that intangible culture heritage involved in, and basing on it, drawing forth the question of intangible culture heritage development.In chapter two, the article puts general depiction on intangible culture heritage development. The first part discusses the meaning of intangible culture heritage development. After that, it discusses the conception of intangible culture heritage development object, exactly, it is one of the creation parts of this paper. The second part is based on the controversy of academe about whether intangible culture heritage can be developed. In this article, it provides proof of the essentiality and feasibility of intangible culture heritage development from both positive view and theoretical view. Based on the work above, the third part focuses on the general circumstance of intangible culture heritage development abroad. Basing on the introduction we can find that intangible culture heritage development has been an international trend already.In chapter three, first, the article discusses current status of intangible culture heritage development in our country, after that, analyses five existed problem in the development, such as, improper treat between current interests and long-term interests, unbalanced development among the intangible culture heritage kinds, dislocation about the right subjects of intangible culture heritage development, the problem in administration of intangible culture heritage development and the feeble status of preventing predatory exploitation from abroad. The third part of this chapter discusses that the main reason leading to the five problems above-mentioned is the absence of specify regulation of intangible culture heritage development.In order to handle with the problem discovered in intangible culture heritage development, and promote the protection of intangible culture heritage development, this article studies legal regulations of intangible culture heritage development in chapter four, and specify proposed four parts of content. They are principles that intangible culture heritage development should comply with, specific regulations of the forms of intangible culture heritage development, the completing of the legal regulations of interests'distribution of intangible culture heritage development, the completing of the administration regulations of intangible culture heritage development. Among the four parts, completing the legal regulations of interests'distribution of intangible culture heritage development is the emphasis of this chapter. This article defines the holders'right of intangible culture heritage as a kind of intellectual property right, and tries to complete the legal regulations of interests'distribution of intangible culture heritage development in the intellectual property law system. It draws forth prior informed consent system to guarantee the holders'control over intangible culture heritage development. And then it mainly discusses the specify rules of interests share. The creative point of this part is the dividing between the holder of intangible culture heritage and intangible culture heritage itself, and they as two independent parts to share the interests during the development. The purpose of it is to deal with the difference between the survival and development demands of intangible culture heritage and the demands of its holder, on the purpose to provide better protection of the survival and development of intangible culture heritage.