The Inspiration About Protection Of Traditional Cultural Expression From Taiwan To PRC

By analyzing the protection legislations of traditional cultural expression in Taiwan,this article reflected the need of protecting traditional cultural expression in our country.This article was divided into four parts.The first part defined the term and meaning of "traditional cultural expression" in both sides of Taiwan and our country.For the term "traditional cultural expression" we only have a generalized consummation,for the time being there is no final and complete definition.It was suggested in this article that we should only focus on defining a clear discretion for the scope and essential factors of the traditional cultural expression rather then explaining the full concept of traditional cultural expression.The second part analyzed the value of the protection of traditional cultural expression step by step.It was analyzed from cultural,economic and political angle to explain its value and further more realize the practical reasons for protecting.Realizing that there are abundant artistic culture resources in our country,even though the most common expression way can also read the abundant wisdom of life.However,the traditional cultural expression which relates to our life brings massive riche and economic profits.As long as we insisted in the principle of balancing in both developments and protections,combing of social and economic efficiency and aggressively lead the social power to participate in the exploration,utility,management,and protection so that we can fully develop the economic value of cultural resources of traditional cultural expression and boost the development of social economy.Meanwhile,also discuss the barrier about the protections.Because of the complicated and diverse traditional cultural expression,the subject, the object,the originality and time limit of protection conflict with the present legal base and affect it.The object is also hard to have a certain concept or scope traditionally.The subject is created by massive publics who participate in creation.The inherent folk culture is very difficult to have the distinct existence spot.The nonstop evolutional traditional cultural expression is hard to know when the time limit of protection starts and when it ends.And,the most important thing is that whether the protection of the traditional cultural expression should be the special law independent from the copyright law.The third part,this article inspected about our Taiwan's relative legislation law toward traditional cultural expression.Through "Cultural property preservation law","Indigenous people fundamental law","Original resident national tradition wisdom creation protection rule" we understood that in the concrete legislative techniques and the legal practices meet many difficult problems,and verified to the disputing point/spot of the afore-mentioned protection barrier.Finally,it derives the legislative experiences from our Taiwan,it assisted in our country's legislation key point/highlight toward the traditional cultural expression.