The Research On Legal Protection Of Folklore

The folklore, one of the important component part of traditional culture in a country, has made great contribution to the development of a multicultural society. It is of great importance to construct a series of practicable law to prevent the folklore from distortion and misappropriation. This thesis makes a tentative analysis of the practice made by international organization in protecting the folklore worldwide .It aims at exploring a new protecting method in new era. In this study, a new construction of legal protection has been put forward. Besides an introduction to the research work and a conclusion, the body of the thesis consists of four chapters:Chapter one is a brief introduction to the folklore. This thesis illustrates the connotative meanings of the folklore .It reveals the special characteristics, the folklore possesses by comparing with general literature and art .The protection of the folklore should be made through protecting intellectual property law. A new type of protecting mode "private law plus public law"should also be explored. Actively and comprehensive practices need to be carried out.Chapter two discusses the necessity of legislation and the status quo of the international legislation in society .It includes the necessity of protecting the folklore, and its valve, the status quo of the related legislation in the society as a whole, and in certain regions as well. This chapter also analyzes the influence of the international society on the legislation of the folklore in China. It consists the pressing issue of improving the related of structure of the legal protection.Chapter three focuses on the issue of public law on the folklore. It includes the sphere of legal protection, subject of rights, object of rights and limitation of a right, the term of the protection of the folklore, act of tort and legal remedy.Chapter four emphasizes the assumption of the legislation of protecting the folklore in China .In this chapter, it illustrates the status quo of legal protection of the folklore and its drawbacks. Meanwhile, valuable suggestions have been put forward. It comes up with a constructive assumption of protecting the folklore .It includes the purpose of the legal protection of the folklore, and fundamental principles, the range of protection, subject of rights, object of rights, the term of the protection and the legal remedy.