Study On Safeguarding Of Intangible Cultural Heritage By Law

Intangible cultural heritage is the traditional cultural expressions and cultural space which passed down from generation to generation by the nations and closely-related to people's life. Intangible cultural heritage, which is the animatedly cultural gene and life accumulation of a nation, forms human society's civilization in company with tangible cultural heritage, embodies the wisdom and spirit of one nation, maintains the diversity of world culture.Intangible cultural heritage of China, which contains the unique spirit and value system, mode of thought and cultural consciousness, is not only the defining basis for us to achieve cultural identity but also the nexus of the nation emotions. Intensifying the protection of intangible cultural heritage is not only the demand of countries and nations'development, but also the inevitable demand of the amicable international intercourse and the sustainable development of human society.Along with the intensified trend of globalization and the quickened modernization, intangible cultural heritage in China undergoes impingement more and more seriously. For instance some cultural heritages, which depend on dictation and action to pass down, are disappearing gradually; many kinds of the traditional workmanship are close to disappearance; lots of objects and references which are valuable in history and culture have been drifting abroad or being scrapped; misusing and over exploiting of the intangible cultural heritage happens quite often. The circumstances mentioned above not only erode culture diversity, but also endanger culture security of China. Therefore, there is no time to delay for intensifying the protection of intangible cultural heritage of China.From the angle of the purpose of intangible cultural heritage protection, the thesis emphasizes the importance in maintaining culture diversity of humanity and state culture security. Based on the introduction and analysis of the successful practice in protecting intangible cultural heritage at home and abroad, the author proposes the notion of drafting the intangible cultural heritage protection law in China. Besides introduction and peroration, the paper consists of five parts:The part of introduction narrates the origin of intangible cultural heritage., the reason and significance for choosing this theme, the status quo of research on this subject at home and abroad, that is, the quickened process of globalization brings a serious strike to intangible cultural heritage. Considering situation of the challenge facing to humanity culture diversity and the frequently happened cultural pirate, from the angle of safeguarding culture diversity and state cultural security, the author brings forward the proposition of protecting intangible cultural heritage in legislation.The first chapter introduces and analyzes the definition and characteristics of intangible cultural heritage, the relation between intangible cultural heritage and traditional knowledge; expatiates the important significance in maintaining culture diversity of humanity, state culture security and cultural innovation.The second chapter introduces international treaties on protecting intangible cultural heritage, especially the UNECSCO Convention for the Safeguarding of the Intangible Cultural Heritage. At the same time, the author introduces the regulations and successful practices on protecting intangible cultural heritage in developing and developed countries respectively, based on the stage of development.Based on the analysis of the successful practices on protecting intangible cultural heritage at home and abroad, the third chapter brings forward the proposition of safeguarding intangible cultural heritage through legislation, dissertates the guiding principles and the establishment of the rules of China's intangible cultural heritage law, the resolution of specific problems (cultural pirate).In peroration part, there is a summary for the thesis.