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Main Part Of The Lawsuit For Folklore

Posted on:2017-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:W T LiFull Text:PDF
GTID:2296330491950768Subject:Law
Abstract/Summary:PDF Full Text Request
China has large area, long history, all kinds of natural resources and a variety of human environments. Folk literature and art are cone part of intangible cultural heritage, remaining the ancient civilization and ethnic gene, which are the base of Chinese prosperity and also facilitate the development of the great culture. Especially, due to 56 ethnic groups in China, different categories of folklore, which are indicating their own characteristic, form cultural diversity.However, with China’s increasingly raising international status and Opening Door Policy, science and technology improve rapidly, in the meanwhile, the impact of foreign culture results in eroding the local culture, which are facing a rigorous challenge. In 2001, The Ussuri aroused many scholars and professionals to protect the folklore from vanishing in global cultural homogenization. Nevertheless, because of culture’s special property, formulating relative laws and regulations are challenging. The two central problems are the subject of proceedings and exertion of related rights.Benefit from the improving society with rule of law and many relative people’s effort, the State Department enacted Copyright protection of the works of folk literature and art (draft for comment) in January 2015, which is beneficial to protecting folklore to large extend. One of its most significant features is that subject of rights and proprietorships are definitely identified, which has never been mentioned in previous policies. This paper, starting from relative provisions of protection ordinance, is aimed to study the subject of proceedings and exertion of relative rights in public interest litigation of folk literature and works of art. Issues involved are diverse subjects, the sequence of exertion of different rights and some other common problems on litigation, which is to enable folklore to be protected by laws.
Keywords/Search Tags:Folklore, subject of litigation, Diversification, Litigation order, Profit distribution
PDF Full Text Request
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