Research On The Withdrawal Mechanism Of The Representative Items Of The Intangible Cultural Heritage Law In China

China's "intangible cultural heritage law" established a non material cultural heritage of the representative project directory system.When the items listed in the directory are out of protective value,or should not be included in the list,due to the lack of relevant provisions,these items retained in the list for a long time.This thesis is based on the loopholes in the system,come out of the exit mechanism of meaning.This paper analyzes the withdrawal mechanism of elements from the four elements of time,facts,subject and object,summed up the exit mechanism with incidental,disciplinary,rectifying characteristic,play a perfect list of representative projects and promote the heritage system to fulfill their legal obligations,improve the heavy light protection phenomenon,reduce the reporting burden of financial support the function of.In the withdrawal mechanism,the upper and lower levels of government and its cultural authorities,representatives of the heritage of the formation of a multiple administrative legal relationship.In the laws and regulations of China's intangible cultural heritage,although there is no complete set of exit mechanism,but the real meaning of individual provisions in accordance with the withdrawal mechanism,which reflects the present situation of the system design,the terms are too simple,missing,serious lack of relief measures in the absence of program exit mechanism.This paper puts forward specific solutions.The first is to withdraw from the mechanism of the provisions of the qualitative as general regulatory measures,and therefore should not be placed in the legal responsibilities of the chapter.Followed by the withdrawal of the mechanism to do the type of processing,and the corresponding removal,withdrawal,withdrawal,announced the four specific withdrawal of the way,and with different applicable conditions.Again according to the basic principles of administrative procedure law,the start of the exit mechanism,the essential elements,the first procedure,review,listen to opinions,inform,decided to publish and other basic procedures are described.At last,the paper briefly discusses the legal relief of the withdrawal decision.