| The intangible cultural heritage is the symbol of human civilization and the spiritual source of human creativity.Sports intangible cultural heritage is an important part of intangible cultural heritage,and also one of the manifestations of the Chinese nation's history and culture.With its unique fitness function,rich cultural connotation,multiple protection values are favored by more and more people.However,under the impact of cultural diversity in today's world,the living conditions of sports intangible cultural heritage are not optimistic.For example,the older generation of inheritors lose the ability to inherit,and some projects are facing disappearance.Moreover,there are also some problems in the protection of sports intangible cultural heritage in China,such as the vague concept and scope of sports intangible heritage,the lack of attention to the protection of inheritors,and the lack of optimism in the construction of special laws.Therefore,this paper proposes to protect the non-legacy of sports in our country through the form of legislation.Legislation helps to determine the main status of sports authorities and protect the rights of successors.In addition,sports non-legacy legislation is an important measure to practice "rule by law",and also the requirement of the times to promote China to become a sports power.It is also an inevitable way to build up cultural confidence and realize the great rejuvenation of the Chinese nation.This paper uses the literature data method,expert interview method,logic analysis method and comparative analysis method in legal analysis to study the domestic and foreign non-legacy and sports non-legacy laws and regulations,and draw on the advanced experience of non-legacy protection at home and abroad.The following conclusions:(1)China's sports non-legacy has achieved certain results,but the concept of sports nonlegacy and the scope of protection are vague,the inheritors are aging,and the inheritance of talents is unresolved.(2)The Chinese government attaches great importance to the protection of intangible cultural heritage through the law.However,as far as sports are concerned,there are certain deficiencies in the legal protection work.For example,the relevant legal provisions are relatively fragmented,the practicality is poor,and the special legislation for sports is relatively lacking.Therefore,it is proposed to speed up the special legislation on sports non-legacy,and clearly stipulate the specific requirements for the protection of sports non-legacy.(3)At present,the protection of sports in China is in conflict with the protection of existing intellectual property rights.For example,the issue of the term of copyright rights is more difficult to determine the object of rights,and there are more than a dozen rights objects for martial arts.However,there are many cases in which intellectual property rights protect sports,such as the registration of trademarks such as “Shaolin Temple” and “Yantai Taekwondo”,indicating that intellectual property protection is not feasible.In the actual process,protection can be carried out in accordance with relevant laws and regulations.(4)Pay attention to the experience of domestic and foreign legislative protection.In the process of law making,it is necessary to study laws or recommendations in related fields at home and abroad,and then formulate compliance laws in light of actual conditions.The following specific recommendations are proposed through research:(1)The legislation of non-legacy of sports should adhere to the working principle of “government-led,social participation,implementation of protection,first rescue,rational use,and inheritance and development”;(2)The legislation of non-legacy of sports should establish a legal protection model based on public law and private law;(3)The legislation on non-legacy of sports should adhere to the principle of holiness,the principle of people-oriented,the principle of government-led and the experience of domestic and foreign legislation,and the principle of integration with existing laws;(4)The legislation on non-legacy of sports should clarify the scope of protection,clarify the status of the competent sports departments at all levels,the identification system,the protection system,the inheritance system,and the establishment of legal relief and other major systems. |
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