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A Study On Intangible Cultural Heritage Protection In China

Posted on:2014-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhangFull Text:PDF
GTID:2256330422463910Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Guizhou, located in southwest China, is a typical underdeveloped area. But let’s bemore proud that people in Guizhou province due to the unique environment created a richintangible cultural heritage resources, known as the "cultural Kuril." However, in theeconomy, information under the assault of globalization, non-material cultural heritage ofGuizhou facing extinction threat. Therefore, the legal protection of intangible culturalheritage of Guizhou conduct research, whether it is safe or socio-economic and culturalconstruction, are important.The text of this paper consists of four parts.The first part, an overview of the legal protection of intangible cultural heritage,found that there may be common and debatable and perfect. In a certain level, if notdifficult to expand the rights of the living heritage of the intangible cultural heritageinadvertently, the relief of power is also a strong desire to expand the rights of the contentsof this reality contradiction is inseparable from the concept of accurate positioning, dothis, to seek the support of the relief theory is still the highlight of the moment.Second part of the analysis and evaluation of basis in the legal protection ofintangible cultural heritage, from traditional intellectual property protection mode, aspecial law protected mode and protected mode study found that others in the non-materialcultural heritage legal protection mode flash points, nearly not in conflict with national law,in order to the improvement of the legal protection of intangible cultural heritage in a boldreference."Heritage Code, France as the core to build up a sound system of legalprotection, legal protection process emphasized professional, scientific management of theintangible cultural heritage of Guizhou Province, the value of the non-left fully rationaldevelopment and use of beneficial and harmless.The third part, as an entry point to the legal protection of intangible cultural heritagemode and Guizhou legal protection of intangible cultural heritage status quo and existingproblems, trying to achieve the interaction between the main problem and the main system,thus further theoretical exploration. For example: Guizhou Intangible Cultural Heritagedivision, administrative protection system database protection, heritage protection; behavior of the Government in the protection of intangible cultural heritage and its legalregulation and so on.The fourth part, through the understanding of the focus of the current non-materialcultural heritage protection faced: First, heritage, preservation; second is the use,development, heritage and preservation, undoubtedly the administrative protection; fullycharacterized for the use and development of for the protection of the rights of resources"is mainly based on the protection of intellectual property rights-based civil protection. Incomparison both the empirical theoretical analysis, based on the legal protection ofintangible cultural heritage in Guizhou countermeasures such as customary law, publicinterest litigation of Construction.Finally, for conclusion, from Guizhou legal protection of intangible cultural heritageperspective to study the legal protection of intangible cultural heritage in China, for thelegitimate rights and interests of China’s intangible cultural heritage subjects of rightsfrom infringement and the resulting strategic significance on overall Review and summaryof understanding: only rely on one of China’s Intangible Cultural Heritage Act tomaximize the protection of non-left, and seek a new protection system is difficult to do,this is effective.
Keywords/Search Tags:Intangible cultural heritage, Legal protection, Administrative protection mechanisms, Civil protection mechanisms
PDF Full Text Request
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