Research On Gannan Hakka Intangible Cultural Heritage Legislation

In essence,intangible cultural heritage is a new type of right object,an intangible and special intellectual property right,and a kind of public goods bearing public interests,among which the representative items of intangible cultural heritage are public goods shared with the government.In terms of legislation mode,there are three kinds of intangible cultural heritage legislation: private law protection mode,public law protection mode and public-private law dual protection mode.As intangible cultural heritage is a kind of special intellectual property,which is held by inheritors and productive protection units and carries the public interest.In addition,the legislative power in private law of cities with districts is limited.The legislation of intangible cultural heritage in cities with districts should adopt the dual protection mode of public and private law supplemented by public law and private law.As the cradle of Hakka in the world,Ganzhou has been approved by the Ministry of culture and tourism to establish a national level "experimental area of ecological protection of Hakka culture(Gannan)".In order to better protect Hakka intangible cultural heritage,Ganzhou municipal governments at all levels have done fruitful work.However,there is a lack of legislation in the protection of intangible cultural heritage of Gannan Hakka.Both the national intangible cultural heritage law and the regulations of Jiangxi Province on intangible cultural heritage have some problems,such as the lack of the right subjects of intangible cultural heritage,the unreasonable design of the representative project directory system,the defects of the general survey system,the imperfect design of the collective inheritance and communication system,and the incongruity with other laws.In order to solve the problem of lack of legislation in the protection of intangible cultural heritage of Gannan Hakka,Ganzhou should make full use of the legislative power in the protection of history and culture and carry out special legislation.In terms of legislative countermeasures,Gannan Hakka intangible cultural heritage protection legislation should establish Gannan Intangible Cultural Heritage Representative Organization,solve the problem of lack of rights subject,and clarify its legal status;should relax the value judgment standard of representative projects,link up the administrative examination and approval and administrative permission of representative projects,and improve the representative project directory system;should increase the administrative census and We should improve the administrative investigation system and the investigation system of overseas organizations and individuals;clarify the responsibility of inheritance and communication of primary and secondary schools and kindergartens,and promote the specialization and professionalization of inheritance and communication of intangible cultural heritage through the cooperation of administrative contracts with universities and higher vocational colleges;we should refine the administrative license of criminal law in the upper law to provide clear legal guidance and clarify the intangible culture The right of the representative institution of heritage promotes it to realize the system coordination with the intellectual property law through the exercise of the right.