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The Legal Protection Of Intangible Cultural Heritage Inheritors

Posted on:2012-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:G Z LongFull Text:PDF
GTID:2206330335456446Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
At the beginning of the new century, the global economy has entered a rapid development period. Economic development drives the rapid development of science and technology, culture. Since the early 1900s farming civilization was forced to open dies after entering the 21st century, the pace of the first decade of economic and social change is more intense. In the human society material civilization height complete today, global insight beginning to realize the continuation of human civilization not only to rely on adequate material foundation, more need is spiritual enrichment. And the human spirit full indispensable contain cultural baptism. The development of human society, not only left us a rich and colorful intangible cultural heritage, also was born brilliant variety of intangible cultural heritage. Intangible cultural heritage is the crystallization of human intelligence, is ancient musical imagination, creativity, the most amazing witness, representing various ethnic ancient life memories, known as a "living fossil" of human civilization. The core of the Intangible cultural heritage protection is inheriting of inheritance protection. Intangible cultural heritage is mastered and inheritance of intangible cultural heritage, the knowledge and skills related to intangible cultural heritage plays a major role the continuation of the people. No inheritance people will play a key role in the meantime, intangible cultural heritage in history can't complete enmities generation. Since intangible cultural heritage protection research in our country's launch, lawmakers and many scholars academic a heated discussion, puts forward the way of protection and push forward the government legislation. In view of our country territory vast numerous, nationalities, national in administrative areas in big mixing-up, small fact, non-material cultural heritage inheritance showing distinctive characteristics and the complicated characteristics. Because our country history of cultural heritage conservation lack the deep traditional, cause public consciousness of protecting legacy deficient, reality shows is the government in China and academics "by go up and down" push intangible cultural heritage protection characteristics. Comb academic research results in recent years, mostly focused on intangible cultural heritage macro grasp. Academic findings focused primarily on determining the national, national, regional, individual, representative inheritance people one or several subjects such as the holder of intangible cultural heritage. Individual scholars also starting from new ideas proposed new right subject to replace state, national, individuals to intangible cultural heritage protection scheme. In general, these discussions are beneficial to intangible cultural heritage protection work. But in reality, our country at present are carrying out the protection way that dominant by the ministry of culture, each provincial cultural administrative protection department specific implementation inheritance hierarchy representative who protect mode. In the study, now for the protection of academic succession people discussed much. Legal position of inheritance and inheriting the man's classification, inheritance of a system that no man. So we in the protection of intangible cultural heritage cannot ignore inheritance people this a core protection points. In order to strengthen on intangible cultural heritage protection, this paper devoted to intangible cultural heritage around inheriting people to explore the theory pellucid, and puts forward the ways to protect people effective inheritance. This paper firstly in the first part of intangible cultural heritage were briefly introduced, this paper discusses inheritance people who inherit the concept and connotation, characteristics, main body, and inheriting about protecting the interests of the related disputes. Papers the second part of intellectual property system protection for the succession cause and the situation analysis. The third part of the paper intangible cultural heritage legislation and inheriting people home and abroad who appear in current transmission to protect difficulties. Paper proposed in the fourth part emphasizes intangible cultural heritage protection system for the person law of inheritance of contents, including affirming the inheriting people, the share interests with mechanism and inheriting people,discussing legal rights and legal obligations, inheriting people social security.
Keywords/Search Tags:Intangible cultural heritage, Transmitter, Subject, Benefit sharing, Legal protection
PDF Full Text Request
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