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Criminal Law Protection Of China's Intangible Cultural Heritage Research

Posted on:2011-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:L B CengFull Text:PDF
GTID:2206330338983050Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Intangible cultural heritage is an important part of cultural heritage, it is the witness of Chinese history and an important carrier of the Chinese culture, which contains the unique spirit of the Chinese nation the value of thinking, imagination and cultural awareness, reflecting the vitality and creativity of the Chinese nation force. It not only brings enormous economic benefits, but also it is a sovereign state an important part of culture,which related to national cultural security, social harmony and national blood transmission. Globalization, urbanization trends, the inevitable multi-cultural, the city's expansion in the transformation, resulting in non-material cultural heritage protection in China is facing unprecedented pressure, some parts of the intangible cultural heritage destruction, to destroy and the loss is very serious directly endanger the national interests and threats to national cultural security. Because the lack of criminal legislation in China, causing some damage with serious social harm of the act of intangible cultural heritage should not be punished, they also highlight the inadequacy of the criminal law protection. Besides the introduction, the three parts of the criminal law protection of intangible cultural heritage to explore.This paper, the first part of the non-material cultural heritage, contain the definition of intangible cultural heritage and extension to define, analyze the intangible cultural heritage with the characteristics, value and legal protection of their mode of intervention for the criminal law to protect intangible cultural heritage, do the arguments based .The second part of the analysis of non-material cultural heritage of the criminal law, criminal law from the intervention of the protection of intangible cultural heritage, the need and feasibility to proceed, a detailed analysis of the practice of serious violations of the intangible cultural heritage act. Criminal Law Protection of intangible cultural heritage combined with the concrete form, focusing on protection of intangible cultural heritage from the perspective of examining criminal charges constitute the crime of intellectual property and related charges of criminal macro settings, finally,find and review of criminal legislation on the protection of intangible cultural heritage omissions.The third part of the non-material cultural heritage protection Criminal Legislation, after previously using the empirical and value analysis methods of the intangible cultural heritage, with its addition of amendments to improve the intellectual property offenses and other offenses the way, a complete set of non-criminal law legislative proposals to protect intangible cultural heritage.
Keywords/Search Tags:non-material cultural heritage, criminal law, protection
PDF Full Text Request
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