Study On The Basic Legal Issues Of Minority Culture Property Rights

China is a multi-nationality country with 55 ethnic minorities, which creates colorful minority culture and is a valuable asset of human society. From our current public policies and legal system, minority cultures, together with the Han culture, have been incorporated into the field of public resources, and representatives of the people to enjoy the implicit property rights. As the creator of every minority culture and heritage, various minority groups'civil status and civil property rights have been stifled and ignored. The most serious problem brought by the property rights system is reflected in the ethnic minorities culture tourism -- minorities are still stricken by poverty and their cultures continue to suffer damage, which has caused the conflict and the tension between tourism enterprises and the minority groups and a negative impact on areas of economic and social development. Therefore, the author argues that the negative effects of tourism lie in the improper minority ownership of cultural property. To achieve equality, unity, common prosperity, sustainable tourism development and social stability and harmony, minority groups should be given the civil rights of cultural property to protect their legitimate rights and civil personal property rights. Based on the research of minority cultural property right of the civil law system, this study focuses on the national policies and social development theory as the guiding ideology, the nation's Tourism and the Property Right Economy, Tourism Law and the Law of National as perspective, Civil Law as theoretical basis, the using laws and economic tourism as background, integrating theory with practice, historical research, social studies, comparative analysis and economic analysis as the study methods.This paper is divided into six parts:The first part is a general introduction. The subject of research involves the origin, summary (including description of the status quo, analysis and trends) and research methods and structure of the paper. The main contents are: the problems on the ethnic minorities and their cultural traditions which exist in the tourism economy are the start of the study; the inequitable opinions on the legal protection of the traditional culture of ethnic minorities are the status quo of academic study; and the protections on the traditional culture of ethnic minorities in private laws and private rights are justified development trends.The second part is the legal definition of property rights of minority cultures. The property rights of minority cultures involve the concept, characteristics, properties, and the value of the basic legal elements and the comparison with relevant system. The main contents are that minority cultural property right is a general concept which required by civil law, and a particular minority or a minority group who creates and inherits its traditional culture, they collectivity hold personal rights. It has features with statutory rights, subjects and the integrated objects. It has the nature of privacy law. It has legal values in theory and practice, which remedies the shortcomings of the existing legal system, promotes civil rights legislation and safeguards the civil rights of minorities, protects minority cultures and promotes sustainable tourism development, and maintains social stability and harmony. Meanwhile, there will be an obvious difference between minority cultural property and cultural rights and the intellectual property system.To establish the legitimacy of minority cultural property rights analysis, the third part in this study discusses the theory, system and the legitimate basis in reality to build the minority cultures property rights from the origin and changes of minority cultures, the legal nature of minority cultural tourism, minorities and its is existing system of legal protection of traditional culture and the real tourism economy, and several other aspects. The main contents are that the minority is the creators and the successors of its traditional culture, and is the real and legitimate property owner; minority cultural tourism, in essence, is a civil activity, so it should be adjusted and governed by Civil Laws; Because the existing law for minorities and the protection of cultural model is the law reflecting a planned economy and civil society, thus it can not meet the needs of private laws and private rights in minority areas under the market economy; Also due to the fact that there are the"unjustified''system obstacles in minorities and its traditional culture of intellectual property rights protection mode, minority literature and artistic works should be part of minority culture and under the protection of culture property rights systems so as to reduce legal costs and the burden of intellectual property rights and to avoid large-scale transformation of the system and the civil legal theory; and negative effects of the present ethnic minority cultural tourism was fundamentally due to the dislocation and the lack of a clear system of property rights.Part IV is an inspection of evidence in establishing minority cultural property rights. The ancient town Huangyao in Zhaoping County of Guangxi has rich cultural resources. In the process of tourism development, genuine prosperity is not to reach the local residents. Furthermore, there are destructions and distortions in their traditional culture. Through the establishment of local Tourism Development Association, together with the Villagers'Committee, local residents signed an agreement on behalf of all residents and visitors with tourism enterprises, clarifying the cultural property rights of town residents and re-allocation between the two sides in the civil rights and civil obligations, thus the contradictions were solved. In this real case, the ownership status of culture property for local residents, the most closely linked principle of territoriality to identify ownership, Villagers'Committee and Tourist Association as the main representative, and cultural personal rights and cultural property rights as contents provide valuable evidence information for this study.Part V is a preliminary study of minority cultures on the relationship among property rights laws, the important content are on the subjects of minority cultural property rights and its identification principles and the representative of subjects, and the objects and its characteristics, and the compare of related concepts and the extension, and the content of the culture property rights as the minority culture personal rights and property rights. Minority ethnic groups are the subject of cultural property rights. A single minority member and the local government do not have right qualification to be the subjects. The principle of territoriality is the identification way to identify the subjects. The representatives of subjects of property rights will be the executor of the civil rights who are made of the village committees, neighborhood committees and the clan organization. Ethnic minority traditional culture is the object of cultural property rights, with the features of ethnic identity, economic value, morphological characteristics of dependency and geographic diversity, obviously different from the Folk Literature and Art Works, and Non-material Cultural Heritage. Minority cultural property could provide protection of private law for minority folk literature, art works and non-material heritage. The system of property rights are the personal rights which include minority cultural rights, signature right, cultural fidelity right, culture development and heritage right, cultural supervision right and cultural property rights which include the right to the use of proceeds, cultural permission to use the distribution of income and cultural rights in order to protect their personal rights and property rights. The sixth part is the summary of this paper, which mainly deals with the basic concepts, major innovations, the conceiving of Legislation, limits and prospects of this study.