Folk Cultural Heritage Of The Legal Status Of People

Folk culture resources are very abundant in our country, these folk culture resources are important spiritual wealth of our country. Folk culture can not only meet people’s needs but also can enrich people’s spiritual life. Folk culture has became one standard of the national soft power, the development of folk cultural will largely affect the country’s international competitiveness. Folk cultural heritage of people are the most important carrier of folk culture, folk culture’s heritage and development cannot leave folk cultural heritage of people’s inheritance activities, most of folk culture’s inheritance are depend on folk cultural heritage of people’s activities to come down. The protected level of folk cultural heritage of people can directly affect the inheritance and development of folk culture, We must strengthen the protection of folk cultural heritage of people to promote the heritage and development of folk culture and promote the prosperity of socialist culture.This article discusses some questions, which related folk cultural heritage of people. For example, the current situation, the reasons, the determination and the countermeasure. The purpose of this article is to call on relevant parties to strengthen the protection of folk cultural heritage of people, improve the protection system of inheritance person, publish relevant laws, regulations and policies to protect and support folk culture heritage of people’s inheritance activities, clarify the legal status of folk cultural heritage of people, promote folk culture’s inheritance and development.There are many problems that should to be solved in the protection of folk cultural heritage of people by researching. For example, What kind of rights should the folk cultural heritage of people have? What kind of legal status should the folk cultural heritage of people have? How to determine the folk cultural heritage of people? How to effectively protect the rights of folk cultural heritage of people? Who shall guarantee the folk cultural heritage of people’s interests? These questions need to be solved. As everyone knows, what kind of legal status people has need to see what kind of rights he has, his legal status depends on his rights. In recent period, our country has added many regulations on folk cultural inheritance rights. For example, Yunnan province national folk culture protection regulations has been passed in2000; Guizhou province national folk culture protection regulations has been passed in2002; Fujian province national folk culture protection regulations has been passed in2004; Guangxi zhuang autonomous region, ethnic traditional culture protection regulations has been passed in2005; The intangible cultural heritage law of the People’s Republic of China has been passed in2011. However, these laws and regulations of folk culture inheritance rights provisions are too single, most of laws and regulations are stipulated inheritor has the right to get compensation, but the identity, publish, copy rights are not specified. Moreover these provisions are only some principle provisions, lacking practical operability. Legal rights to the folk cultural heritage of people without a comprehensive provision, and the theory have different understandings to the rights of inheritance. This is adverse to the protection and inheritance and development of folk culture. In this context, I study the legal status of folk cultural heritage of people.This paper can be divided into the following parts. The first part is the introduction, introduces the research on the legal status of folk cultural heritage of people and the writing significance. The second part analyses the situation and reasons of the legal status of folk cultural heritage of people. The third part introduces the problems related to the classification and identification standard of folk cultural heritage of people. The fourth part analyses the folk cultural heritage of people’s rights and obligations. The fifth part introduces the experience in the legal status of protection of folk cultural heritage of people in developed countries as well as the advantages and disadvantages of our laws on the protection of folk cultural heritage of people’s legal status. I also put forward some opinions, hoping to provide some reference for the folk cultural heritage protection work.Some methods are used to study this issue in this paper. Under the guidance of Marxist historical materialism and Marxist jurisprudence methodology, using the basic analysis method of law and philosophy, also referencing and using sociology, civilization, history, anthropology, folklore, art and aesthetics methods. Integrated use these various research methods to study this question. Beside this paper also used comparative analysis method, the value analysis method, etc., analyzed the legal status of folk cultural heritage of people from the angle of laws.