A Study On The Legal Protection Of Intangible Cultural Heritage

Intangible Cultural Heritage originated from Japan’s "Intangible Cultural Property" global protection of the tide after the signing of the Convention on the rise of non-material cultural heritage of mankind is a unique way of thinking and expression, is a unique natural cognitive perspective. It has a mass, live normality, inheritance, invisibility and diversity of characteristics. China on intangible cultural heritage protection laws and regulations promulgated, but after the implementation, the effect is not obvious. Intangible Cultural Heritage infringement cases are still no laws in the state, after the "Intangible Cultural Heritage Protection Law" enacted domestic Intangible Cultural Heritage research presented contending scenes, but few people carry out comparative analysis of private law. In this paper, empirical research, literature research, social survey and comparative analysis of the legal issues of "non-left" to protect generated in the process, put forward suggestions. Comparative analysis and protection of private law to protect "non-left", so to find a suitable moment Chinese intangible cultural heritage protection legal system construction of the road. The first part of the connotation of the intangible cultural heritage point of view, focusing on the "non-left" and defined the concept of emergence and development standards are introduced. On this basis, the analysis focused on the natural and social attributes of the intangible cultural heritage, and to explore the relationship between social and intangible cultural heritage resulting in social development role. The second part analyzes talk about international organizations and countries involved in exploring the protection of intangible cultural heritage, and analyzes the protected mode and the current legislation of Japan on the "intangible cultural wealth". The third part, from the national legislation and local legislation two angles, analyze the current situation of the legal protection of intangible cultural heritage. Summary of harvesting performance and legislative imperfections. Proposed thenecessity of intangible cultural heritage protection law, and administrative law at this stage only through a unique mechanism to effective safeguarding of the intangible cultural heritage. The last part of the filter from the cluster, heritage and other aspects of public discussions to explore the intangible cultural heritage protection administrative law system construction, from the original meaning of habitat and related rights, to explore the deep-seated cultural foundation and source of the intangible cultural heritage behind. From the heritage protection and related human rights, the protection of human rights perspective. Research on the Intangible Cultural Heritage Protection System Administrative Building for the protection and improvement of human rights, bearing the above in order to provide our system with supporting measures, as well as related work carried out in the future to provide a valid reference.