A Study On The Legal Issues Of The Protection Of The Intangible Cultural Heritage Of Ethnic Minorities

Intangible cultural heritage is the crystallization of the wisdom of human civilization. Due to their long history, vast territory and unique customs, ethnic minority regions of China bred a large number of outstanding intangible cultural heritage. They contain a huge commercial and cultural tourism value. Driven by marketing economys spontaneity, related development and utilization has been established in many minority areas. The protection of intangible cultural heritage in minority areas is not only a matter of economic significance, but also related to cultural and social responsibility, and plays a significant role in carrying forward the traditional culture and cultural customs of China. However, in our current society,there still exists a lot of problems on cultural heritage protection such as conflicts in legislation, the existing laws of convergence is not in place, intangible cultural heritage protection lack of multi subject to participate in, inter regional cooperation is not sufficient. Therefore, the present paper studies on the status quo of minoritys intangible cultural heritage protection and the existing problems from the legal perspective. According to a survey of empirical research, the paper puts forward the corresponding countermeasures. The present study includes basic theory research,status of minority’s intangible cultural heritage protection, investigation and analysis of extraterritorial protection of intangible cultural heritage, the perfection of Chinese minority ’s intangible cultural heritage protection legal system and running protection.The first part is about the minority intangible cultural heritage basic theory research and they are analyzed on the basis of referring to the related bibliography,including the minority intangible cultural heritage and related terms and concepts, the characteristics and value of the intangible cultural heritage of ethnic minorities, and the based legal theory and economic theory.The second part is the present situation of our country’s national minority intangible cultural heritage legal protection. This part makes an analysis of our whole country’s national minority intangible cultural heritage resources and proposes intangible cultural heritage legal protection’s present situation and difficulties of the minority nationalities in our country, and summarizes the cause of this situation.The third part is the empirical research of ethnic minorities in Chinese intangible cultural heritage protection. This part does a comprehensive investigation into EnshiTujia intangible cultural heritage survey and puts forward the current situation of the inheritance and protection measures, summarizes the achievements of Enshi Tujia intangible cultural heritage protection as well as the problems and extracts the experiences worthy to be learned.The fourth part is the experience and enlightenment of extraterritorial protection of intangible cultural heritage. This part has carried on the detailed elaboration on the foreign intangible cultural heritage legislation mode and organization settings.Through analyzing the successful foreign cultural heritage protection measures, the author extracts valuable intangible cultural heritage protection experiences of ethnic minorities in China.The fifth part is the perfection of the legal system of the intangible cultural heritage of minority nationalities in China. On the above analysis, the author puts forward the construction of the specific legal system and the operation protection of the minority’s intangible cultural heritage. And the establishment of a minority’s intangible cultural heritage Public Litigation System, Benefit-Sharing System, Multi-subject Interactive Mechanism, Cultural Compensation Mechanism, Rights Relief Mechanism and the Overseas Protection System.