The Study Of Legal Guarantee For The Intangible Cultural Heritage In Enshi Prefecture

As a multi-ethnic autonomous prefecture,Enshi Prefecture is rich in intangible cultural heritage.The immaterial cultural heritage is of great significance to the development of human society,is the foundation of human innovation.The protection of intangible cultural heritage is conducive to the protection of the pluralistic forms of culture,and is conducive to the development of characteristics of ethnic areas.Among the many protection means of intangible cultural heritage,legal protection has the characteristics of long-term stability and compulsory force.As the legal system of Enshi Prefecture intangible heritage protection is the research object,which is beneficial to the improvement of the local legal system of Enshi Prefecture's intangible heritage protection,and provides institutional support for the protection of the intangible heritage of Enshi Prefecture,and promotes the protection effect of the intangible heritage of Enshi Prefecture.Therefore,based on the present situation of Enshi Prefecture's law protection of intangible cultural heritage,this paper describes and analyzes the process of <Regulations of the Enshi Tujia and Miao Autonomous Prefecture on the protection of ethnic cultural heritage>,analyzes the problems existing in the existing legal system,uses the theory of institutional change and the experience of Japan's protection of intangible cultural wealth,and puts forward some suggestions on how to improve the legal system of Enshi's intangible heritage protection.The establishment of local legal guarantee for the intangible cultural heritage in Enshi Prefecture began with the < Regulations of the Enshi Tujia and Miao Autonomous Prefecture on the protection of ethnic cultural heritage> issued in 2005.The introduction of this regulation has a special historical background and has played an enormous role.The legal guarantee system of the intangible heritage of Enshi Prefecture is constituted by the laws and regulations promulgated by China,Hubei Province,and Enshi Prefecture.It is a relatively complete guarantee system.However,due to the enactment of the local regulations in Enshi Prefecture earlier than the higher level law,and it was not revised in a timely manner,it caused a lag,which is reflected in the limited execution capacity.This article makes use of the relevant institutional theory to analyze the legal system of the intangible heritage of Enshi,analyzes the reasons for the formation of the intangible legal system in Enshi from theperspective of path dependence and resource dependence,and believes that the legal system will be subject to the relevant systems that existed before.Also,the government has mastered most of the resources that have been infringed upon,resulting in the government-led work and the marginalization of inheritors and the public.In view of this situation,the author has included the government,inheritors,and the public as the main body of the system.In addition,in response to the problems existing in the protection of the intangible system of Enshi Prefecture,it is proposed to speed up the institutional vacuum existing in the reality and draw lessons from Japan's experience in the protection of intangible cultural assets,and put forward several perfect suggestions.