The Private Right Nature Research Of The Non-material Cultural Heritage

The Non-material cultural heritage is the expression way which the recent year international society gradually started to accept. The so-called non-material culture loses the property right, is refers to the specific nationality, the region community, family individual (namely non-matter cultural heritage inheritance person) one kind of new intellectual property rights which enjoys to its inheritance cultural heritage. The non- material culture loses the property right in the entire right system, first has the human rights nature, because the non- matter cultural heritage right inheritance person has the benefit connect into its inheritance non- matter cultural heritage, the benefit demanded the moral right; Next non- matter culture loses the property rights a civil right, this is because it has the private power attribute and the legal right; Finally non- matter cultural heritage power moneys ouch new intellectual property rights, this is by its is different to the existing intellectual property rights content and the characteristic decides.The non- material culture loses the property right to divide into the personal rights and the property rights. The personal rights including according to the traditional culture way life free power, uses the non- matter cultural heritage resources creation power, the revision power, the assembly power, the explanation power, to the non- matter cultural heritage protection power and the inheritance power, the non- matter cultural heritage education power and is educated the power; The property rights, are refer inherit the person to use the non- matter cultural heritage gain economic the right and in the non- matter cultural heritage benefit assignment power which its inherits in the other people commercial use, including recording power, duplication power, performance power ,broadcast power, display power, release power, movie-making power, educative power, usufruct and so on. The non- material culture loses the property right to take one kind of new civil right has the distinct characteristic: The subject of object community, the object complexity, the content multiplicity, the right nature civil rights, protect the deadline the permanence, may not the transfer and so on. At in the model developed country non- matter cultural heritage protection experience foundation, fully in loses the property right as well as non- matter cultural heritage all people easing the civil law and even the public law method to the non-material culture and inherits person's protection.