The Research Of Folklore's Social Protection Mechanism

Folklore, which is the cultural treasures and intelligence creature made by the people of all countries in the process of development of human civilization, is the masterpiece both in the evolution of human civilization and the development process of science, literature and art. Beside that it's also the historical source of innovation of science and technology. However, in the current , there has been few mature system model of the protection mechanism of Folklore, on the same time, there has been also lack of a solid theoretical foundation for the research and development of the protection mechanism yet. Therefore, to solve these problems ,we have to accord to the characteristics of Folklore itself,distinct the legal basis, figure out the academic defects and institutional obstacles in theory model and the current legal system, make innovations in the theory and system based on the circumstances at home and abroad, and build the Folklore's the social protection mechanism with pertinence and fully adaptability.For the Research of Folklore's protection mechanism, we must grasp deep the concept of Folklore and distinguish effectively with the concepts of Intellectual Property, Folklore,the expression of Folklore and Works of Folklore. After theoretical analysis and analysis in cases, we can assume that the group characteristics of Folklore and the characteristics of object of Folklore is fundamental key which makes declining and historical heritage atrophy of Folklore. This shown in two aspects: on the one hand, in the theoretical research of Folklore ,the basic characteristics of its is the fundamental obstacle for overall protection, On the other hand, in litigation system,the flaw in the behavior ability of Folklore is also the litigation barriers for the protection of itself. Beside that, in the study of Folklore's protection, there are generally several development modes, which are the mode leaded by government, the mode leaded by social groups and the mode leaded by inherited people. The author think that, through the comparison of examples and reference to some scholars, the theory of Public lands tragedy teach us that making ownership clear is important, and the Division of Labor in Society also further shows that the mode leaded by government will face lots of problems. Then we know that Folklore's protection must rely on the strength of social organizations who can convey the collective will and claim and realize the collective interests passing the way of collective cooperation mechanism. Therefore, the mode leaded by government should have a lot of disadvantages, but function of itself is still indispensable. The Folklore's protection has to follow the way that the comprehensive governance of Folklore should done by social forces. So it means that, in the system of Folklore's protection mechanism, Folklore's social group protection mechanism should be the main base of Folklore's social protection mechanism and the mode leaded by inherited people is its beneficial supplement. In addition, according to the research of public litigation in different country, the author also suggested that we should build civil litigation system into the Folklore's litigation system, make bold innovation and institutional reform, properly widen the plaintiff qualification standards and solve main problem of defects in the behavior ability. Then we appropriately adjust the problem of the burden in submitting evidence so as to realize the social essence justice.