Miao And Legal Protection Of Non-material Cultural Heritage Research

Intangible cultural heritage is the crystallization of the wisdom of a nation, the symbol of the national culture and a sign of ethnic identity. Once it disappeared, it was equal for a nation’s perish. Thus protecting the intangible cultural heritage to make the symbol and the sign live forever is a daunting task in front of us.As the urbanization process speeds up, the inheritance and development of the intangible cultural heritage is facing the grim situation, where the existence of the traditional villages is suffering serious damage, many intangible cultural heritages are dying out quickly. With the popularization of Chinese, the loss of national languages is great. Many intangible cultural heritages are dying out with the disappearance of languages. As for the change of lifestyles nowadays, young people’s aesthetic sense also changes, it makes them think that the intangible cultural heritages are outdated things which should be abandoned. The fast development of tourism is an another reason of the problem, the ethnic villages have become an important means for the development of rural economy, in this situation, the villagers’ way of life is affected, the inheritance activities of intangible cultural heritages are on a profitable way. Apart from the above reasons, with the development of high-tech, plagiarism from intangible cultural heritages is easier resulting in many plagiarism and abuse phenomena Confronted with these problems, we must establish and perfect the legal protection system, using legal means for better intangible cultural heritage protection.Southeast Qian prefecture is rich in colorful intangible cultural heritages, but the lack of a complete local legislation protection set and the existence of some only scattered local legislations for the protection of the traditional ethnic villages make it very adverse to protect the Miao intangible cultural heritages. By investigating the distribution of the intangible cultural heritages and the present protection situation, the author summarizes the characteristics of the intangible cultural heritages and analyses the problems existing in the protection. Through the best part of the local legislation for the intangible cultural heritages in other regions for reference and according to law legislation guiding principles of the intangible cultural heritages as well as regional feathers and national characteristics of Southeast Qian, the author proposes to build a set of local laws and regulations with administrative quality of Miao intangible cultural heritages.Building local legislations mainly include the following aspects:first, determine the basic principles of protection, and the second is to make an all-sided survey and establish a database of Miao intangible cultural heritages in Southeast Qian. The third step is to give the right holders with rights so that they could gain their own intellectual property rights and thereby obtain interests. In this way can it help to bring their willingness to protect the intangible cultural heritages. And then build the prior informed consent system and benefit sharing system, give traditional villagers prior informed consent system to provide guarantee for the economic benefits gained by the patent owners, at the same time it can protect the right holders from other people applying for intellectual property protection of Miao intangible cultural heritages in Southeast Qian. The fourth is to set up the mechanism of public participation, absorb the folk strength and promote active protection of Miao intangible cultural heritages among the public and urge them to join together into the list of protecting the intangible cultural heritages.Through local legislation promoteing multi-level power and forming a full range of protective measures, we can make the Miao intangible cultural heritage better inheritance and development.