| Communist Party of China suggests that essential points gives a peasant to more ownership of property in the eighteen third Plenary Session of the Central Committee communiques, this ownership of property evidently is a finger derive from in his rural area collective proprietary right owership. But according to checking collective local god of the land "owership models after " his owership design, the peasant can to collective immovable property the right enjoying already exhausts, even if structure builds up collective land-use right business platform, benefit also very difficult to bring more economy to more economy peasant. But be not all characteristics of matter cultural heritage group, traffic closes up, external culture exchanges no smooth extensive rural area as well as it’s original common organism’s habits reservation falls behind in economy,in being unable to help making us think rich resource making rubbings from exhibition peasant ownership of property is in tradition culture with regard to implication. Economic value being not a matter cultural heritage as long as bringing into full play, have organization according to plan develop tradition culture industry, now that being able to achieve taking as an example develop short protection’s purpose, can change the awkward aspect being not that the matter cultural heritage possessor "begs for food being holding the golden bowl in both hands eating ".. But the project but weight is obtained a lease of life by the matter cultural heritage being innovative ceaselessly with development mistake, not only bringing economy benefit, to economy benefit possessor, also bring spirit enjoyment to spirit enjoyment extensive public. But, legislation, judiciary making use of because current our country develops in connection with being not a matter cultural heritage still faulty, provide the problem that the law ensures that the main body of a book has been submitted being put to use in production intangible cultural heritage, in and several the following aspect development studies.Part I, expounds to being not that the put to use in production matter cultural heritage relevance concept is in progress, join the put to use in production matter cultural heritage significance discussing mistake. The various intangible tradition culture being not that the matter cultural heritage ought to be that conduct hands down from generation to generation shows a form. The angle thinks from intellectual property rights object, can divide to being not a matter cultural heritage into three major kinds: Folk literature art is expressed, tradition science and technology knowledge and tradition mark. Be not that the matter cultural heritage is the put to use in production marriage partner, be unlike the tangible cultural heritage, it has be not a materiality ", lively state " nature, regionality, tradition and group characteristic, these characteristics affect the $64 questions such as assigning partition and belonging to tentatively to being not put to use in production matter cultural heritage benefit in making use of all to a certain extent. Intangible cultural heritage put to use in production can boost a private law protecting the system formation, overcome the limitation being not matter cultural heritage public law protection thereby; Give full scope to market mechanism, activating is not that matter cultural heritage Smriti person protects enthusiasm on self’s own initiative; By the fact that science planning and organizing,guard against abusing being not a matter cultural heritage; The advantages in natural resources excavating tradition culture, promotes local economic growth.Part II, brings forward the problem being not a matter cultural heritage putting to use in production returning two aspect back to existence: Be short of the legal environment support first; Two is that there exists a lot of problem in put to use in production practice. But the legislation basic theory that matter cultural heritage exploitation makes use of is very weak with regard to the legal environment Er Yan, primo dispute, can not provide the legislation basis to the legislature, behaviour is not that a subject of right of matter cultural heritage is difficult to ascertain that, Accounts differ and opinions vary, opinions differ, all the time not face to face for sure standard formation unites a cognition, somebody regards it being public even for public institute being not that the matter cultural heritage already has entered the public field without exception. Secondary, "be not matter cultural heritage law " legislation guiding is biased, the public law protects regulation excessively principle, the private law protects regulation indeterminacy, ignore the market mechanism effect, legal liability stipulates that putting particular emphasis on administration responsibility excessively, the exploitation being not a matter cultural heritage unable unable makes use of providing forceful support. Intellectual property rights laws and statutes is deficient in another, the relevance, if not reinforcing as soon as possible legislation, intangible cultural heritage putting to use in production there existing a lot of law obstacles in convenience. Go so far as to intangible cultural heritage put to use in production already having had carrying out have problem has been to be more outstanding, has brought about development difficulty if reason protection is inefficient,; Plan exploitation has not been in progress single integrating, developing a pattern; Connotation excavates culture not being short of attraction very much,; The fund throws into lack, the deficiency developing dynamics etc., needs to resolve the above-mentioned problem must take structuring the perfect law guarantee mechanism department as premise but.Part III, the matter cultural heritage discussing mistake put to use in production law guarantee system structure builds. The primo needs to establish being not a matter cultural heritage putting to use in production legislation governing principle, is the principle developing short protection with estate; Originally true principle; The difference treats principle; Benefit shares principle; Development of technology through our own efforts makes use of appearance union principle and the government supports. Secondly, guided by above-mentioned principle, improve and perfect further "being not that matter cultural heritage law " and intellectual property rights follow relevance regulation, make the legal status being not a matter cultural heritage proprietor(or calling Smriti person) clear; Make more tradition feat accept Patent Law, Trade Mark Act, the Copyright Law protection; Work out "the way being not that matter cultural heritage biography thanks person for firmly believing that and managing", make the culture Smriti person set mind on principle, set mind on condition, set mind on procedure and the Smriti people clear. Work out "be not that matter cultural heritage exploitation makes use of regulation on administration ", building-up is not that the matter cultural heritage uses permission system. Once again, building-up is not a matter cultural heritage putting to use in production market management legal system, is put to use in production intangible cultural heritage provide the fine marketplace environment. Be not that matter cultural heritage right relieves approach final, perfect. Criminal Procedure Law, Civil Procedure Law and Administative Appeal Law currently in effect are relieved in order being not that the matter cultural heritage possessor can provide the certain judiciary, are needing to increase public good legal action to solve but. won’t except and as well make clear problem protect benefit both and relate to common main body matter cultural heritage project At the same time, want to bring the government into play and to organize the coordination effect during the period of the matter cultural heritage dispute resolving mistake among the people too. |
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