The Legal Protection Of Nonphysical Cultural Heritage

As an important part of the cultural diversity of humanity, the nonphysical culturalheritage’s presence and the situation of its protection are not optimistic.The protection ofit is concerned with two aspects of the value. The first and most important are to changeits gradual extinction state and to revitalize its vitality in the wave of the globalintegration of cultural values, so that it can maintain cultural diversity,and provide asource of innovation for the development of human civilization. Some of thenonphysical cultural heritage, on the other hand,is of great value,so when used,we mustrespect the moral and economic rights of creators and inheritors in order to balanceinterests between the users and owners. Therefore in order to protect nonphysicalcultural heritage there are two ways: public law protection and private law protection,and public law protection is more important. There is no unified conclusion in the wayof protection with private law.On the basis of scholars’ experience,the author wants todiscuss “right weakening and benefit-sharing” system further in this article.