| Based on the he matic field research in the SuideCounty and Mizhi County,affiliant to Yulin region, I learned the best representatives of Folk Art --- Sui Mi suona(SMS) has a long history, a rich variety of tunes origin, more attitude colorful playing form, as well as colorful pedigree divided, deeply felt SMS lofty position in northern Shaanxi people’s daily lives. In order to maintain the essence of this art form of intangible cultural heritage(ICH),to carry forward the spirit of its artistic content, it is both actively engaged in a very urgent protection glorious task, it is also a propaganda excellent national culture, carry forward the great cause of national spirit.Actual visits, at first hand, based on full access to the local government and the suona artists and the community in long-term efforts of several decades, the SMS protection, inheritance, huge development pay efforts and the glorious achievements made so verge of loss of SMS renewed a new artistic life, and gradually regained social recognition and acceptance, and out of the local, to the country and the world. As an kind of ICH project, we summarize the protection experience of the SMS, lessons learned and shortcomings of the traditional cultural protection and construction of the entire culture has great significance, but also to protect the national culture of other countries in the ICH or tradition provides a good case for reference. Conscientiously sum up the economies of developing countries as underdeveloped areas of northern protection experience of SMS, will help provide a good help for the world’s outstanding cultural heritage of many developing countries have, and be conducive to a variety of human interaction between cultures, to achieve the harmonious development of all mankind.The Anthor discuss this topic as consists four chapters, as follow as:The introduction describes the research through, topics purpose, literature review, research significance, methods. The first chapter discusses the SMS has the legal attributes, describes the history of the SMS process and its artistic status and influence, from both theory and practice demonstrates the legal property SMS, that it the right to enjoy the ICH, should be included in the scope of legal protection and enhanced protection.The second chapter describes the legal protection of SMS necessity and value, introduce the current situation of the SMS legal protection and problems, and cause of the problem is analyzed and demonstrated.The third chapter, mainly around the outside of the ICH of legal protection introduced, study, learn, contribute and promote the introduction reviewed the relevant international conventions on the legal protection of ICH and international protection work, focusing on the legal protection of ICH of the East Asian experience ---Japan, South Korea, on behalf of institutions and experience in ICH protection law, as well as targeted comparative analysis of the advantages and disadvantages of "Intangible cultural Heritage law of the Pepole’s Repbulic of China" provisions of some specific systems to the study of this topic provide a richer and useful reference.The fourth chapter, is the legal protection suggestions for improvement analysis, respectively, from the improvement of legislation to protect SMS, judicial protection, administrative protection demonstrated in three aspects, mainly related to the traditional IP system, civil public interest litigation system, tort liability system, passing the hot focus of administrative recognition and other aspects of analysis and argument, put forward SMS legal protection recommendations for improvement Finally, the conclusion summarizes the commission paper said. |
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