Research On Local Legislation Of Folklore

As an establishing part of human civilization,expressions of folklore should be protected legally for its high value in the area of culture as well as economy and history.In terms of the domestic law protection of expressions of folklore,it's relating to both national and local aspects.On the basis of national legislation not sound,it has important significance for the local legislation acting on the protection of expressions of folklore.This paper starting from the investigation expressions of folklore in the local legislation of our country,then provide suggestions on enhancing the local legislation of expressions of folklore,in order to benefit expressions of folklore in China.This paper is divided into four parts besides preface and epilogue.The first part demonstrates the necessity of protecting the expressions of folklore.Throughout the analysis,this paper offer arguments on parts as follows: on the one hand,in the field of legislation of expressions of folklore have obvious backwardness in our country,which need completed through the local legislation.Expressions of folklore,on the other hand need local legislation to meet the special requirement of the place.The second part investigates the local legislations' status of expressions of folklore.Through the investigation,the author found that the local legislation has those characteristics: firstly,the special legislation and subsidiary legislation on expressions of folklore include wide content;And there are two characteristics on the local legislation on expressions of folklore.One is that subordinate legislation combined with special legislation,another is that protection is given mainly in administrative way,and get great importance to its development and utilization.The third part make an observe on the current problems existing in the local legislation of expressions of folklore.The regions have different degrees of focus on expressions of folklore,and the distribution of local legislation to protect expressions of folklore expressions of folklore is not even,which leads to the imbalance of the legislation.In the reality,there are many types of expressions of folklore,but the number of special legislation on them is only a few.Meanwhile,Administrative protection system is shortage in three aspects: Administrative departments' arrangement is unreasonable,insufficient in both funds support and penalties,etc.In addition,the protection of expressions of folklore also being lack of the participation of non-governmental forces,which is result from the miss of channel for institutional support.The fourth part offer suggestions for perfecting the local legislation to protect expressions of folklore.Based on the problems existing in the local legislation of expressions of folklore,the author has proposed legislation suggestions aimed at perfecting system.Firstly,throughout the understanding the value of expressions of folklore,to realize the necessity of local legislation.With the communication between different regions,we can improve the consciousness of the protection of expressions of folklore.For the improvement of the administrative system,the author offer several measures: clarify administrative departments' responsibilities,increase funding and material support for the administrative system and increase the penalties.Finally,encouraging public participation to increase the public power and other folk powers to protect expressions of folklore.