Legal Protection Of The Intangible Cultural Heritage Of Ethnic Minorities In Tourism Development

The intangible cultural heritage of ethnic minorities is an important part of China's excellent traditional culture.It represents the pursuit and creation of a better life by the compatriots of ethnic minorities,and embodies the demands of compatriots of ethnic minorities in political,economic,and cultural rights.Wanda Town,Danzhai,Guizhou Province is a cultural and tourist attraction that takes the intangible cultural heritage of ethnic minorities as the hotspot for tourism development.This article takes Wanda Town as an empirical research object,and explores the measures for the development of the intangible cultural heritage of ethnic minorities and the existing legal issues.Specifically,this article is divided into four chapters.The first chapter summarizes the related concepts,and discusses the formation and development of intangible cultural heritage,intangible cultural heritage of ethnic minorities,and cultural tourism from the perspective of domestic and foreign perspectives.At the same time,the legal basis for protecting the intangible cultural heritage of ethnic minorities is analyzed based on the theory of minority rights protection,the theory of commons disasters,and the theory of cultural soft power.It summarizes the current legal measures to protect the intangible cultural heritage of ethnic minorities at the central and Guizhou levels.The second to fourth chapters are the main part of this article.The second chapter analyzes the legal problems existing in the non-heritage tourism market of ethnic minorities by combining the development of Kara bird cage making skills,Miao batik skills,paper making skills,and original ecological songs and dances in Wanda Town.The third chapter introduces the foreign countries:Thailand,Russia,and the United States;domestic:Guangxi,Hunan,and Sichuan,the successful legal experience in the development of the intangible cultural heritage of ethnic minorities.Chapter 4 proposes the legal principles that should be focused on in the development of the intangible cultural heritage tourism of ethnic minorities in China in the light of the problems arising from the tourism development of Wanda Town:respect the principles,respect the customs of ethnic minorities;The source of intangible cultural heritage shall be marked;the principle of benefit sharing shall share the benefits brought by the intangible cultural heritage of ethnic minorities to stakeholders,so as to achieve fairness and justice.At the same time,in response to the fact that tourism development has excessively leaked the basic information of the inheritor,it is suggested that the privacy of the inheritor should be protected,and in order to encourage the knowledge innovation of the inheritor,the right of signature and reputation of the inheritor should be protected.In addition,this chapter puts forward four suggestions from the perspective of administrative protection:first,because tourism development has changed the existence of a small number of intangible cultural heritage,it is necessary to update cultural files in real time and sort out the path of cultural development.Second,we must strengthen the comprehensive governance of the cultural market and standardize it in design,production,packaging,and transportation.Third,promote the establishment of a pattern of cultural co-governance so that everyone can participate in the process of protecting the intangible cultural heritage of ethnic minorities.Fourth,in order to solve the fraudulent behavior of knowing and selling fake goods in the cultural market,the supervision system of industry associations should be improved.In order to repair the rights that have been damaged,this article proposes three ideas to improve the legal relief system.First,due to the public nature of the intangible cultural heritage of ethnic minorities,public authorities are encouraged to participate in the litigation of the intangible cultural heritage of ethnic minorities.To support prosecution.Second,the ownership of the intangible cultural heritage of the base and ethnic minorities cannot be attributed to a specific person,which damages the characteristics of the intangible cultural heritage of ethnic minorities and violates the collective interests of ethnic minority groups.French feelings.Third,in order to enable the healthy and orderly development of the cultural and creative market and reduce the occurrence of fraudulent consumer behavior,the use of a punitive compensation system is proposed to increase the liability of infringers,protect the legitimate rights of consumers,and safeguard the intangible cultural heritage of ethnic minorities Authenticity.