Research On The Legislative Protection Of Intangible Culture Heritage In Shanxi Province

The intangible culture heritage is the “living fossil” of history and culture, itdoesn’t contain a nation’s civilization and history, but also a continuation of thenational spirit. Each nation that value their nation’s tradition should be kind to theirintangible culture heritage, in order to inherit and continue their national sprit.Since ancient times, Shanxi is one of the birthplaces of Chinese civilization,accumulation of the Yellow River civilization for thousands of years makes peoplewho survive in this land form a colorful, distinctive intangible culture heritage in thelong working life. These intangible culture heritage not only witness a long history ofShanxi, but also an important force which Shanxi could use in its restructuringdevelopment. However, with the economic globalization and modernization of Shanxiprovince, the speed of intangible culture heritage demise continued to accelerate, andthe situation of intangible culture heritage protection becomes more and more serious.The finally pass of the People’s Republic of China Intangible cultural heritageProtection Law, gives people in Shanxi province confidence. However, due to the lakeof implementing rules and some disadvantages of legislation, coupled with thecharacteristics that exist in the province of Shanxi intangible culture heritage, lead tomore difficult in applying the law in Shanxi. Therefore, it is important for theprotection of intangible culture heritage of Shanxi to do a better local legislative jobunder the People’s Republic of China Intangible cultural heritage Protection Law.This paper tries to analyze the deficiencies of the People’s Republic of ChinaIntangible cultural heritage Protection Law, combines with the current situation of theprotection of intangible culture heritage in Shanxi, refers to the experience of theintangible culture heritage legislative province in home and abroad, make a locallegislative suggestion on the protection of intangible culture heritage in Shanxi. Thispaper was divided into three parts: introduction, body and conclusion. The body wasdivided into four chapters. The first part briefly introduce the basic theory of theintangible culture heritage; the second part analyze the current situation and existingproblems of the intangible culture heritage protection in Shanxi, point out theimperative situation of the intangible culture heritage protection in Shanxi; the thirdpart introduce the advanced experience of the intangible culture heritage legislativeprotection on abroad, contrast with and comment on domestic legislation, and then inpart four give suggestion on consummating national legislation and legislative adviceon the protection of intangible culture heritage in Shanxi---make local basic law andlocal special law, and propose legislative conception.