Research On The Judicial Decision Of The Copyright Of Intangible Cultural Heritage

In the background of the twenty-first Century world economic and trade integration and industrial and agricultural production and the rapid development of modernization,cultural soft power has become an important driving force for economic and social development.The intangible cultural heritage is the enormous commercial value of the products,has become a new industry in the rapid growth.The role of intangible cultural heritage in the market economy has highlights of the Intangible Cultural Heritage Exchange,dissemination and commercial use of more and more frequent,with the raising of intangible cultural heritage around the heat,the inheritance of folk culture,use and dissemination of legal issues,especially the emergence of a large number of wrongdoing,resulting in various social customs The department needs legal workers to sort out,need to study and formulate relevant laws and regulations to regulate,and also need relevant judicial staff to form a good adjudication mechanism in the administration of justice.In order to promote our legislation and the judiciary can better protect the intangible cultural heritage.It is of great theoretical and practical significance to study the judicial adjudication of intangible cultural heritage copyright.The solution to the judicial problem of intangible cultural heritage copyright is not only conducive to the development of copyright law itself,but also conducive to the healthy and orderly operation of the market economy of our country.Create more value.Based on the research of legal positivism,using comparative analysis and historical analysis,this paper makes statistics,combing and analysis of different types of cases concerning intangible cultural heritage copyright disputes in judicial practice.Disputes over the copyright of intangible cultural heritage exist in the current situation of judicial adjudication The problems,including the subject,object,duration of protection and other problems existing in the administration of justice,are found in the following aspects:the standard of evidence is not uniform,and the difficulty of obtaining evidence is great.The correlation between the evidence found and the case is weak;in the application of the law:the shortage and confusion of the basis of the adjudication,the difficulty of the adjudication is increased because of the non-standard of the administrative cognizance.Combined with the theory of intangible cultural heritage copyright,this paper tries to find a better solution to the judicial judgment problem of intangible cultural heritage copyright on the basis of summarizing the previous achievements.Issues related to the protection of copyright of intangible cultural heritage under the subdivision of dispute types In the aspect of improvement,some suggestions are put forward around the aspects of subject,object and duration of protection,and the existing problems of judicial adjudication of intangible cultural heritage copyright are studied by the method of positivism.This paper puts forward some suggestions for improvement corresponding to the problem of administration of justice.Strive to form an independent judicial adjudication rule to deal with the judicial adjudication problems existing in the disputes over the copyright of intangible cultural heritage,In this way,it is expected to play a referential role in the trial of intangible cultural heritage copyright disputes by judges in judicial practice.