On The Criminal Protection Of The Intangible Cultural Heritage

Intangible cultural heritage refers to the creation of human beings in order to adapt to the natural environment and social environment of the development of human society, and is conducive to the realization of be handed down from age to age, the sustainable development of human society and traditional culture, various forms of real places. Intangible cultural heritage is the embodiment of the national spirit of a nation, the intangible cultural heritage is an important part of the cultural security of a nation. China has a superb collection of beautiful things of the intangible cultural heritage, the heritage witnessed the brilliant Chinese civilization, which is a shining example of Chinese civilization. But with the development of modern civilization "itself is extremely fragile, stride forward singing militant songs" the intangible cultural heritage in the face of powerful modern civilization is more feeble. All of the intangible cultural heritage forms by modern civilization" "grave digger" ". A large number of the intangible cultural heritage has been stolen, lost in a foreign country.Take strong measures to protect the intangible cultural heritage, which is the inevitable trend of the times. By way of legal protection of intangible cultural heritage is particularly prominent in this trend calls. About legal guard of the intangible cultural heritage, most scholars advocate the use of administrative regulations or public law mode based on intellectual property protection of private law mode dominated intangible cultural heritage. This claim is desirable, but there is a problem we must face,that is the comprehensive protection problem. These two kinds of protection mode can only stop the general infringement of the intangible cultural heritage act, although the criminal acts for the serious damage of the intangible cultural heritage can be punished, but the punishment is too light to achieve the desired purpose, which leads to legal protection to the extension of the week. Therefore, we must put into criminal law,using the criminal law protection of intangible cultural heritage. The criminal law should play a role in the post protection of intangible cultural heritage, to crack down on illegal behavior across the administrative regulations, intellectual property rights.Basic knowledge of the preface Shimingfei intangible cultural heritage.Compared with the intangible cultural heritage, intangible cultural heritage is unfamiliar, so the study is necessary before introducing the basic knowledge of the cultural heritage. This part through the analysis and research of the intangible cultural heritage, the definition of international meaning, self concept gives the intangible cultural heritage, based on the existing concept on the analysis of the intangible cultural heritage heritage, intangible characteristics. This kind of important cultural resources, not only concerned by the international community, but also the domestic law circles. Therefore, this paper takes the criminal law as the entrance, discusses the use of legal means to protect the intangible cultural heritage.The first chapter discusses the criminal law protection of intangible cultural heritage and the legitimacy of modesty. The legitimacy of the criminal law on the protection of intangible cultural heritage, mainly introduces the criminal law protection of intangible cultural heritage of the necessity and feasibility of. The necessity of criminal law protection mainly refers to the importance of intangible cultural heritage and the urgency of protecting the intangible cultural heritage by the criminal law.About the national spirit and national cultural security of the intangible cultural heritage, need the protection of criminal law. The urgency of the criminal law protection of intangible cultural heritage refers to the existing intellectual property based private law protection mode and administrative regulations based public law protection mode, there is lack of deterrent function of fragmentation and other shortcomings, can not effectively deal with the crisis, the intangible cultural heritage in urgent need of the protection of criminal law. Feasibility analysis on the criminal law protection of intangible cultural heritage mainly discusses from the theory of criminal law and criminal law legislation. The theory refers to today’s society as a risk society, risk criminal law protection. The legislative practice currently has two approaches in criminal law to protect the intangible cultural heritage, one is the use of criminal law protection of intangible cultural heritage, two is to protect the intangible cultural heritage through the subsidiary criminal law, the criminal law in the protection of the intangible cultural heritage has practical feasibility. The criminal law protection of intangible cultural heritage also must follow the principle of modesty of criminal law, criminal law is not a panacea, but no, should be careful, in order to avoid the "risk criminal law" to change the risk of criminal law.The second chapter of criminal law in the protection of the intangible cultural heritage review, first pointed out the common infringement of intangible cultural heritage and the classified analysis, and then based on the classification of the above described the current penal code,subsidiary criminal law how to deal with these harm behavior, finally by analysising of the protection of the status, the criminal law is committed to the protection of intangible cultural heritage which is still the lack of.The third part is the criminal law protection of intangible cultural heritage recommendations. From the concept, system to improve. Construction of legal system of a full range of ideas, increase the risk of infringement of the intangible cultural heritage of the prisoners, enhance the preventive effect of criminal law. The system of perfect destruction of the intangible cultural heritage of various types of crime, perfect the subsidiary criminal law of the intangible cultural heritage.