On The Choice Of Folklore Protected Mode

Among components of human civilization, folklore is absolutely the most essential one. As the product of the various peoples’ wisdom in the various countries during the world history, folklore carries memories from ancient to modern people’s lives, it is not just about the interest of inheritors of the folklore, it is also regarded as the most important representatives of the world’s cultural diversity and the source of modern civilization. Today, under the world situation that the economic globalization lead to cultural homogenization, the protection of folklore heritage carry the meaning of maintaining cultural independence. However the modern intellectual property system tend to place the traditional cultural heritage of folklore resources into the public domain, resulting in the fact that folklore often subjected to various adverse use, such as plagiarism, unauthorized use, distortion etc. At the same time malicious users can enjoy the benefits without any price. It is very detrimental to the protection of folklore in the long run.The issues of protecting folklore was raised by developing countries in Africa in the mid-20th century.Now it is basically formed two major parties,with developing countries supported and developed countries opposed. Different interest groups, different conservation goals, different perspectives and different research methods all can make different sounds on all the problems about the protection of folklore, which is also reason why it is so hard to reach a way to solve the problem how to protect folklore.This situation resulted in the fact that the WIPO, WTO, UNESCO, and many other international organizations has not made substantive progress on this problem, and the situation that after "Copyright Law"in1990which only concludes the principle of the protection of folklore,our country still has not work out specific measures for implementation of the copyright protection of folklore.To seek the most reasonable mechanism for the protection of folklore culture, this context mainly talks about the definition of folklore,the characteristics and the value of the protection of folklore, the existing mechanism for the protection of folklore and other issues from the different perspectives of the law, folklore, economics, anthropology, with the measures of the theoretical and empirical analysis, horizontal comparison and longitudinal comparison, the social survey and so on. And it will ultimately drawn to conclusion selecting the special law to protect our Folklore is the best way,hoping it will be helpful for our judicial practice.