Research On The Legal Protectio Of Our Intangible Cultural Heritage

The intangible cultural heritage is a certain kind of traditional cultural expression,cultural space and place which developed by the people from generation to generations ina certain nation or region. The intangible cultural heritage has six figures: immateriality,living condition, heredity, nationality, regionalism, profit and sociality. For the intangiblecultural heritage, it is a very significant witness of developing the human history, and it isalso very precious cultural resources for us. To protect the intangible cultural heritage isthe important content in inheriting the spirit of a nation, which is an objective need ofmaintenance of cultural diversity, which is major a way to enhance the soft power of acountry, which can defend the safety of a nation’s culture, which is a way to achieve therenewal.With enhancing the conscious of protecting the intangible cultural heritage, moreand more international organizations and countries have made a great exploration andpractice positively in protecting it, and have accumulated successful experiences. Thereare lots of precious experiences worth of learning, such as to set up a perfect legal system,the powerful administrative management system, the wide public education system andalso the rational inheritance people protecting system. Making the intangible culturalheritage protection work into the legal system orbit is benefit the intangible culturalheritage to inherit and develop in the legal system.In china, we have already protected the intangible cultural heritage in theintellectual property right laws and administrative laws, but there are still certainobstacles and deficiencies. The intangible cultural heritage law in China has wouldpromote a new level in the work of protecting the intangible cultural heritage, But mainlyexist in the following four questions. First, for foreign organizations or individuals withinthe territory of China in the investigation of non-material cultural heritage too strict limit; Second, no full consideration of the old and new method linking problem; Third, theprovisions of the legal responsibility not clear; The fourth, from the overall, theintangible cultural heritage law has put too much emphasis on the government’sresponsibility, obligations and function, not fully emphasize industry association,organizations such as the role of main body should play.The main problems of intangible cultural heritage protection are that how toindentify the main body of rights and the right. In view of our intangible cultural heritagelegal protection system, we should take some measures to perfect it: Firstly, to buildprotection for the intangible cultural heritage of the legal system; Secondly, to perfect theintangible cultural heritage of the inheritance and supporting system; Thirdly, to increasethe support strength of inheritors in intangible cultural heritage; Fourthly, to modify theinheritors disqualification system of intangible cultural heritage; Fifthly, to perfect theadministrative system for intangible cultural heritage; Sixthly, to introduce the hearingsystem in the intangible cultural heritage protection process; Seventhly, to perfect theadministrative relief system of the intangible cultural heritage.